Search Results for "Burden of proof"

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Supreme Court

Supreme Court Sets Aside Ex Parte Dismissal in Specific Performance Suit Due to Procedural Irregularity - Framing of Issues and Points for Determination Essential Even in Ex Parte Proceedings Under Code of Civil Procedure, 1908.

16 Apr 2026

The Supreme Court addressed an appeal concerning procedural obligations in ex parte civil suits, specifically whether absence of formal framing of iss...

Supreme Court

Supreme Court Dismisses Petitions Challenging Preventive Detention Orders Under COFEPOSA Act Due to Procedural Compliance and Established Live-Link. Detention Orders Upheld as Detaining Authority Recorded Subjective Satisfaction Based on Materials Showing Involvement in Smuggling Syndicate and Future Propensity to Commit Offences Under Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

16 Apr 2026

The Supreme Court heard two connected special leave petitions challenging preventive detention orders issued under the Conservation of Foreign Exchang...

Supreme Court

Supreme Court Upholds High Court Decision on Dearness Allowance and Dearness Relief Equality in Favor of Retired Employees. Differential Enhancement Rates Between Serving and Retired Employees Found Discriminatory Under Article 14 of Constitution of India, as Object of Offsetting Inflation Applies Equally to Both Groups.

10 Apr 2026

The dispute arose from retired employees of the Kerala State Road Transport Corporation (KSRTC) filing writ petitions challenging the differential rat...

Supreme Court

Supreme Court Allows Appeal in Rent Control Eviction Case, Restoring Trial Court's Order on Unauthorized Subletting. High Court's Revisional Interference Found Impermissible as It Reappreciated Evidence Beyond Jurisdictional Limits Under Section 46 of Karnataka Rent Act, 1999.

10 Apr 2026

The dispute arose from eviction proceedings initiated by the landlord against the tenant, a partnership firm, under the Karnataka Rent Act, 1999. The ...

High Court

High Court Acquits Accused in Murder Case Due to Insufficient Circumstantial Evidence. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Establish Complete Chain of Circumstances, Particularly with Recovery of Gold Chain Lacking Corroboration.

30 Mar 2026

The appeal arose from a conviction under Section 302 of the Indian Penal Code, 1860, where the appellant was sentenced to life imprisonment for murder...

High Court

High Court Quashes Trial Court Order Appointing Court Commissioner in Encroachment Suit as Premature Before Plaintiff's Evidence. Appointment Under Section 75 Read with Order 26 Rule 9 of Code of Civil Procedure, 1908, is Impermissible for Evidence Collection When Plaintiff Has Not Yet Discharged Burden of Proof in Mandatory Injunction Suit Regarding Government-Acquired Land.

24 Mar 2026

The High Court of Judicature at Bombay, Aurangabad Bench, heard a writ petition challenging an order dated 18.07.2024 passed by the Civil Judge, Senio...

Supreme Court

Supreme Court Upholds Acquittal of Accused in Narcotics Case Due to Procedural Violation in Search. The Court held that non-compliance with Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, by providing a third option for search before a police officer vitiated the trial, and the limited scope of interference in appeals against acquittal prevented reversal.

16 Mar 2026

The criminal appeal arose from a judgment of the High Court of Himachal Pradesh that set aside the conviction and sentence of the accused under Sectio...

Supreme Court

Supreme Court Dismisses Writ Petition by Tribal Chieftains in Land Acquisition Case Under Assam Lushai Hills District (Acquisition of Chief's Rights) Act, 1954. The petition was barred by delay and laches, and the acquisition of chiefs' lands with compensation under the Act did not violate fundamental rights to property.

13 Mar 2026

The writ petition was filed by the Mizo Chief Council on behalf of tribal chieftains and their legal heirs from the erstwhile Lushai Hills district, n...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Insufficient Circumstantial Evidence and Inadmissible Electronic Records. Conviction Overturned as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Based on Call Detail Records Without Section 65-B Certificate and Unreliable Recovery Evidence Under Indian Penal Code, 1860 and Indian Evidence Act, 1872.

10 Mar 2026

The dispute involved a criminal appeal against conviction for murder under Sections 302/34 and 201 of the Indian Penal Code, 1860. The appellant, Poor...

High Court

High Court Allows Appeal in Arbitration Case, Restoring Arbitral Award Set Aside by Single Judge. Limited Judicial Review Under Section 34 of Arbitration and Conciliation Act, 1996 Precludes Re-appreciation of Evidence Unless Award Shocks Conscience or Conflicts with Public Policy.

9 Mar 2026

The dispute arose between Appellant, a foreign company manufacturing biscuits in Zimbabwe, and Respondent, an Indian partnership firm, regarding the s...

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