Search Results for "Reverse burden"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Hears Appeals Against Madras High Court’s Setting Aside of Alien...
Supreme Court Hears Appeals on Permanent Establishment of Formula One World Cham...

Search Results for "Reverse burden"

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Supreme Court

Supreme Court Sets Aside Bail Granted by Calcutta High Court in Jnaneshwari Express Derailment Case — CBI Investigation Undermined by Premature Release. Reverse Burden of Proof Under Section 436A CrPC Not Applicable Where Investigation Ongoing and Trial Not Commenced.

11 Dec 2025

The Supreme Court heard appeals by the Central Bureau of Investigation (CBI) against the grant of bail to multiple accused persons in connection with ...

Supreme Court

Supreme Court Upholds Polluter Pays Principle in Tannery Pollution Case — Directs Comprehensive Compensation and Remediation for Environmental Degradation in Vellore District. The court affirmed that tanneries are strictly liable for ecological damage and health impacts, and the Loss of Ecology Authority's compensation assessment must be enforced with government backup liability.

13 Feb 2025

The Supreme Court of India delivered a landmark judgment addressing the severe environmental degradation caused by tannery industries in Vellore Distr...

Supreme Court

Supreme Court Restores POCSO and IT Act Charges in Child Pornography Case — High Court Erred in Quashing Chargesheet Without Considering Presumption of Culpable Mental State. Possession of Child Pornographic Material, Even Without Intent to Distribute, Constitutes an Offence Under Section 15(1) of POCSO and Section 67B of IT Act.

23 Sep 2024

The Supreme Court allowed the appeals filed by Just Rights for Children Alliance and another child rights organization against the judgment of the Mad...

Supreme Court

Supreme Court Allows Appeal Against Foreigners Tribunal Declaration in Assam Nationality Case — Emphasizes Right to Hearing and Burden of Proof Under Section 9 of Foreigners Act, 1946. The Court set aside the ex-parte order of the Tribunal and remanded the matter for fresh consideration, holding that the appellant was not given a fair opportunity to be heard.

11 Jul 2024

The Supreme Court considered an appeal against the Gauhati High Court's dismissal of a writ petition challenging the Foreigners Tribunal's declaration...

Supreme Court

Supreme Court Allows Appeal of Complainant in Life Insurance Claim Repudiation Case — Insurer Failed to Prove Suppression of Material Facts. Non-disclosure of existing policies not established by documentary evidence; burden of proof under Section 45 Insurance Act, 1938 not discharged.

22 Apr 2024

The present civil appeal arises from the repudiation of life insurance claims by Future Generali India Life Insurance Company Limited. The appellant, ...

High Court

High Court of Karnataka Upholds Acquittal in Negotiable Instruments Act Case — Complainant Fails to Prove Debt Legally Enforceable. Loan of Rs. 1,00,000 advanced by LIC agent to acquaintance not proved as legally recoverable debt under Section 138 of Negotiable Instruments Act, 1881.

9 Oct 2023

The complainant-appellant, Sharanappa, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment ...

High Court

Bombay High Court Allows Execution of Arbitral Award in Favor of Foreign Entity Without Bank Account in India — Directs Payment by Cheque or Demand Draft. The court held that a foreign award-holder without an Indian bank account can receive payment by cheque or demand draft under Section 36 of the Arbitration and Conciliation Act, 1996.

7 Jun 2022

The applicant, M/s Angerlehner Structural and Civil Engineering Company, a foreign entity, filed an execution application to enforce an arbitral award...

Supreme Court

Supreme Court Refers to Larger Bench Whether Investigation by Complainant Police Officer Under NDPS Act Vitiate Trial — Mohan Lal Decision's Applicability Examined. The court considers the conflict between Mohan Lal v. State of Punjab (holding trial vitiated) and Varinder Kumar v. State of Himachal Pradesh (holding prospective application) and refers the matter to a five-judge bench.

31 Aug 2020

This judgment arises from a batch of special leave petitions challenging convictions under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Conviction Due to Insufficient Rebuttal of Presumption. The Court held that the accused successfully raised a probable defence by questioning the complainant's financial capacity and the circumstances of the loan, thereby rebutting the presumption under Section 139 of the Negotiable Instruments Act, 1881.

27 Mar 2019

The Supreme Court considered an appeal by the accused against the High Court of Karnataka's judgment convicting him under Section 138 of the Negotiabl...

High Court

Bombay High Court Allows Appeal by Union of India in Customs Gold Confiscation Case — Confessional Statements Under Section 108 of Customs Act, 1962 Are Admissible Evidence and Cannot Be Discarded Without Proof of Coercion.

16 Oct 2018

The case involves an appeal by the Union of India and the Commissioner of Customs (Prev.) against an order of the Customs, Excise and Service Tax Appe...

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