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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High Court

High Court of Karnataka Allows Revision and Appeal in Dishonour of Cheque Cases — Conviction Restored for One Cheque, Acquittal Set Aside for Another. The court upheld the conviction of the accused in one case under Section 138 of the Negotiable Instruments Act, 1881, and set aside the acquittal in another case, holding that the presumption under Section 139 was not rebutted in the first case, while in the second case the debt was time-barred and not legally enforceable.

22 Mar 2025

The judgment involves two connected matters: Criminal Revision Petition No.400/2016 and Criminal Revision Petition No.401/2016 filed by Sri D. Vijay (...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court's Dismissal of Suit for Possession. The Court held that the first Appellate Court failed to frame substantial questions of law and erroneously reversed the trial court's findings on ownership and possession without proper consideration of evidence.

22 Feb 2024

The case involves a property dispute over house property bearing City Survey No. 1046-C/13/3 admeasuring 33.6 sq.mtrs and two rooms on the first floor...

High Court

High Court of Karnataka Allows Appeal in Money Recovery Suit — Photostat Copy Compared with Original is Admissible as Secondary Evidence Under Section 63 of Evidence Act, 1872. Section 11 of Karnataka Money Lenders Act, 1961 Does Not Mandate Production of Licence to Maintain Suit.

24 Aug 2023

The appellant, Shri M. Ratnavarma Padival, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgm...

High Court

High Court of Karnataka Allows Second Appeal in Partition Suit — Sets Aside Concurrent Findings of Courts Below. Held that the Trial Court and First Appellate Court erred in granting share to plaintiffs without proper proof of joint family status and without considering the effect of prior partition and ouster.

23 Mar 2023

The appellant, defendant No.2, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated...

High Court

High Court of Karnataka Allows Daughter's Partition Appeal Against Brother and Mother, Holding Father's Properties as Self-Acquired and Not Ancestral. Daughter Entitled to Equal Share Under Section 8 of Hindu Succession Act, 1956 as Will Not Proved.

20 Dec 2019

The appellant, M. Shobha, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree date...

Supreme Court

Supreme Court Dismisses Appeal in Undue Influence Case — Registered Sale Deed Upheld as Deceased Was Not Mentally Incapacitated. Burden of Proof for Undue Influence Under Section 16 of Indian Contract Act, 1872 and Section 111 of Indian Evidence Act, 1872 Lies on Plaintiff to Establish Prima Facie Case Before Shifting to Defendants.

11 Sep 2019

The case involves a dispute between brothers over a sale deed executed by their deceased father, Vaijai, in favor of defendant no.1 (wife of defendant...

Supreme Court

Supreme Court Restores Compensation in Motor Accident Claim — Bus Driver's Negligence Established by Preponderance of Probabilities. Non-examination of Pillion Rider Not Fatal to Claim Under Motor Vehicles Act, 1988.

14 Feb 2019

The case arises from a motor accident on 28 October 2011, when Sitaram, a senior government school teacher, was riding a motorcycle with a pillion rid...

High Court

High Court of Bombay at Goa Upholds Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Appellant's claim of loan advanced to friend fails as no legally enforceable debt existed, leading to acquittal under Section 138 of Negotiable Instruments Act, 1881.

16 Jul 2015

The appellant, Shri Datta S. Nadkarni, filed a criminal appeal challenging the acquittal of the first respondent, Mr. Salvador Fernandes, from an offe...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — No Substantial Question of Law Arises. Concurrent findings of fact regarding joint family status and limitation cannot be interfered with under Section 100 CPC.

19 Feb 2014

The appellants, along with one Ramappa, filed a suit for declaration, partition, and separate possession of suit schedule properties, alleging the exi...

High Court

Bombay High Court Upholds Acquittal of Accused in Rape and Murder Case Due to Lack of Credible Evidence. Circumstantial Evidence Fails to Establish Guilt Beyond Reasonable Doubt Under Sections 302 and 376 IPC.

7 May 2010

The case pertains to the alleged rape and murder of Sonali Vasant Deshpande by the accused Rohan Pushpraj Fanasgaonkar on 27 July 2004 at a hotel in L...

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