Search Results for "onus of proof"

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High Court

High Court of Judicature at Bombay Dismisses Application Seeking Dismissal of Election Petition in Representation of People Act, 1951 Case Due to Disclosure of Cause of Action. Allegations of Non-Disclosure of Criminal Cases and Assets Under Section 33A and Rule 4A Require Trial on Merits as Petition Pleads Statutory Grounds Under Sections 100 and 123(2).

24 Mar 2026

The High Court of Judicature at Bombay heard an application under Order VII Rule 11(a) and (d) of the Code of Civil Procedure, 1908, seeking dismissal...

Supreme Court

Supreme Court Allows Appeal in Armed Forces Tribunal Case, Directs Grant of Disability Pension. Disability pension entitlement upheld as disease leading to discharge presumed attributable to military service under Armed Forces Tribunal Act, 2007, with rounding off to 50% from 01.01.1996, setting aside Tribunal's dismissal based on disability below 20%.

23 Apr 2025

The dispute involved an appeal under the Armed Forces Tribunal Act, 2007, concerning the entitlement of a former army personnel to disability pension....

Supreme Court

Supreme Court Acquits Accused in Cheque Dishonour Case Due to Successful Rebuttal of Presumptions and Unjustified Appellate Interference. The Court held that the accused raised a probable defence under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881, and the High Court erred in overturning the Trial Court's acquittal as the findings were not perverse.

22 Apr 2025

The appeal arose from a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881. The complainant alleged lending Rs. 20,00,000...

Supreme Court

Supreme Court Upholds Eviction of Appellant Under Land Grabbing Act — Trespass with Unlawful Intent Constitutes Land Grabbing. The Court held that the appellant's possession of land in survey no. 9 under a sale deed for survey no. 10, coupled with construction and residence, satisfied the ingredients of land grabbing under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982.

1 Jan 2025

The appellant, V.S.R. Mohan Rao, purchased a property under a registered sale deed dated 27.03.1997, which described the land as being in survey no. 1...

Supreme Court

Dispute Over Specific Performance in Sale Agreement on Agricultural Land. Supreme Court Reviews Findings on Contract Validity, Possession, and Limitation. A Supreme Court judgment analyzing the execution and enforceability of an agreement to sell agricultural land, possession rights, and the impact of delay in filing suit.

12 Nov 2024

Nature of Case and Parties Involved Plaintiffs: Six appellants seeking specific performance of a land sale agreement with Sushila Devi's le...

Supreme Court

Supreme Court Upholds Dismissal of Railway Employees for Fraudulent Appointments. High Court's Reversal of Central Administrative Tribunal's Order Overturned, Emphasizing Integrity in Compassionate Appointments and Adherence to Natural Justice Principles

1 Aug 2024

The appeals filed by the Union of India challenge a judgment by the High Court of Calcutta that reversed a Central Administrative Tribunal order and a...

Supreme Court

Supreme Court of India: Judgment on Regulation and Approval of Genetically Modified Crops. Ensuring adherence to environmental safety, legal standards, and public health in the approval process for GM crops in India.

23 Jul 2024

The Supreme Court of India concerning various writ petitions filed in public interest related to the regulation and approval of Genetically Modified (...

Supreme Court

Complainant not required to prove service obtained for self-employment livelihood unless appellant proves commercial purpose.

10 May 2024

Consumer Protection - Maintainability of Complaint - Definition of Consumer - Service obtained for Commercial Purpose - Onus of Proof - Burden of Proo...

Supreme Court

Insurance Claim Repudiation Set Aside: Supreme Court Rules Against Insurer for Failure to Prove Material Suppression. Appellant awarded insurance claim with interest after Supreme Court finds insurer's allegations unsubstantiated.

10 Apr 2024

The Supreme Court ruled in favor of the appellant, Mahakali Sujatha, by setting aside the repudiation of her insurance claim by Future Generali India ...

Supreme Court

Supreme Court Quashes Special Court's Order in Benami Transactions Case. "Loans repaid without adequate documentation—burden of proof remains on the Custodian."

5 Mar 2024

The Supreme Court of India overturned judgments by the Special Court relating to recoveries from the appellants (Suman L. Shah and Laxmichand Shah) as...

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