Search Results for "burden of proof"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "burden of proof"

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Supreme Court

Supreme Court Dismisses Appeal in Property Dispute Over Auction Sale — Upholds High Court's Finding That Auction Purchaser Was Real Owner, Not a Benami Front. The court held that the plaintiffs failed to prove that the auction purchaser was a benami for the original owner, and the suit was barred under Section 66(1) of the Code of Civil Procedure, 1908.

17 Mar 2020

The plaintiffs, wife and legal heirs of Govindasamy, filed a suit to set aside an auction sale of 1955 and seek possession of the suit property. The s...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Case Due to Lack of Willful Breach by Insured. Employer Not Required to Verify Driving Licence Authenticity Beyond Face Value Unless Cause to Suspect.

4 Mar 2020

The appellant, Nirmala Kothari, was the wife of Vinod Ray Kothari, who owned a Hyundai Elantra vehicle insured with the respondent, United India Insur...

Supreme Court

Supreme Court Allows Appeal in Land Acquisition Dispute Due to Failure to Follow Statutory Procedure and Prove Compensation Payment. State Cannot Retain Land Without Valid Acquisition Under Sikkim Land (Requisition and Acquisition) Act, 1977.

2 Mar 2020

The case involves a dispute over 7.07 acres of land in East Sikkim that was allegedly acquired by the Agriculture Department of the Government of Sikk...

Supreme Court

Supreme Court Allows Appeal in Adverse Possession Dispute Over 70-Year-Old Land Title Conflict. The Court held that the appellant had perfected title by adverse possession despite not being the true owner, based on continuous possession from 1963 to 1981 as shown in revenue records.

26 Sep 2019

The dispute originated from a 1942 purchase of suit properties by Krishnamurthy S. Setlur (KS) through his general power of attorney, H.R. Narayana Iy...

Supreme Court

Supreme Court Dismisses Husband's Appeal Against Maintenance to Divorced Wife — Holds That Divorced Wife Is Entitled to Maintenance Under Section 125 Cr.P.C. Even If Divorce Was Granted on Ground of Desertion. The Court Ruled That Sub-section (4) of Section 125 Cr.P.C. Does Not Apply to Divorced Women and That Delay in Filing Maintenance Petition Is Not a Bar.

19 Sep 2019

The Supreme Court dismissed the appeals filed by Dr. Swapan Kumar Banerjee against the State of West Bengal and another, challenging the maintenance a...

Supreme Court

Supreme Court Allows Appeal in Property Dispute, Restores Concurrent Findings of Courts Below. High Court Erred in Shifting Burden of Proof Without Pleadings on Pardanasheen Status.

17 Sep 2019

The Supreme Court allowed the appeal against the High Court's judgment which had set aside concurrent findings of the trial court and first appellate ...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Time was of the essence in the agreement for sale dated 25.04.2007, and the plaintiff did not demonstrate continuous readiness and willingness to perform his part of the contract.

12 Sep 2019

The appeal arose from a suit for specific performance of an agreement for sale dated 25.04.2007 between the plaintiff (appellant) and the defendant (r...

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 Acquits Accused in Murder Case Due to Unreliable Dying Declarations and Lack of Identity Proof. Benefit of Doubt Given as Prosecution Failed to Prove Identity of Accused Beyond Reasonable Doubt.

5 Sep 2019

The Supreme Court allowed the appeal of Hari Singh and another against their conviction for murder under Section 302 IPC by the Trial Court and upheld...

Supreme Court

Supreme Court Dismisses Appeals Against High Court's Alteration of Conviction from Murder to Culpable Homicide in Land Dispute Case. Prosecution's Suppression of Accused's FIR and Injury Reports Creates Reasonable Doubt.

6 Aug 2019

The Supreme Court dismissed two appeals filed by the complainant and the State of Karnataka against the High Court's judgment altering the conviction ...

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