Search Results for "foundational evidence"

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Secondary Evidence and Power of Attorney in Property Transactions: Supreme Court Clarifies Scope of Section 65 Evidence Act and Section 100 CPC i

n Tharammel Peethambaran v. T. Ushakrishnan, the dispute arose from the sale of immovable property executed by the defendant acting as an alleged agen...

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“Mandatory Injunction vs Possession: Supreme Court Clarifies Section 41(h) Specific Relief Act (2026 INSC 61)”“Cloud on Title & Possession: Why Injunction Suit Fails

In Sanjay Paliwal v. Bharat Heavy Electricals Ltd., the plaintiffs sought a mandatory injunction to remove a wall allegedly blocking access to their l...

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Supreme Court Replaces Death Penalty with 25 Years Rigorous Imprisonment in Child Murder Case. Balancing Justice and Reformation in the "Rarest of Rare" Principle.

This judgment addresses the brutal murder and sexual assault of a four-year-old child. The appellant's conviction under IPC Sections 302, 364, 377, an...

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Acquittal in a Sensitive POCSO Case: Evidence and Procedure Questioned. Presumption under POCSO rebutted due to foundational gaps in evidence.

1. Background: The appellant, Sikandar Somsingh Chavhan, was convicted for rape under Section 376(2)(l) IPC and Sections 3, 4, 5(k), and 6 of the POC...

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A Judicial Analysis of Bogus Purchases and Disallowances.

The Bombay High Court addressed three income tax appeals filed by Appellant challenging the findings of the Income Tax Appellate Tribunal (ITAT) and t...

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"Bombay High Court Revises Conviction: Rape Charge Reduced to Aggravated Sexual Assault" High Court of Bombay highlights stringent evidentiary standards in POCSO cases, emphasizing accurate charges based on verified foundational facts.

The Bombay High Court examined the evidence against the accused, initially convicted of rape under Section 376-AB IPC and Sections 4 and 6 of the POCS...

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Acquittal in POCSO Case: Court Cites Doubts in Evidence and Delayed FIR. Bombay High Court’s Nagpur Bench quashes 20-year conviction, citing inconsistencies, delayed report, and lack of corroborative evidence.

The appellant was convicted by the Additional Sessions Judge, Akola, for sexual offences under the POCSO Act and Indian Penal Code (IPC), including Se...