Search Results for "Burden of proof"

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Supreme Court

Supreme Court Upholds Conviction of Husband in Murder and Causing Death of Quick Unborn Child Case Based on Dying Declaration and Witness Testimony. The court found the dying declaration recorded by a Special Executive Magistrate and testimonies of maternal relatives reliable, establishing guilt beyond reasonable doubt under Sections 302 and 316 of the Indian Penal Code, 1860.

1 Feb 2024

The appeal arose from a conviction upheld by the Bombay High Court for offences under Sections 302 and 316 of the Indian Penal Code. The appellant was...

Supreme Court

Supreme Court Dismisses Appeal in Title Declaration Case, Upholding High Court's Factual Reappreciation and Limitation Finding. The Court affirmed that in civil suits for declaration, the standard of proof is preponderance of probability and multiple documents can collectively establish title even without a single conclusive document.

31 Jan 2024

The Supreme Court heard a civil appeal arising from a property dispute where the respondent had filed a suit for declaration of title and injunction. ...

Supreme Court

Supreme Court Upholds Conviction of Accused in Murder and Destruction of Evidence Case Based on Disclosure Statement and Recovery of Body Parts. Conviction under Sections 302 and 201 of Indian Penal Code, 1860, affirmed as disclosure statement led to recovery of decomposed body parts and other evidence, establishing guilt despite hostile witnesses.

3 Jan 2024

The Supreme Court considered an appeal against the conviction of the appellant for murder under Section 302 of the Indian Penal Code, 1860, and destru...

Supreme Court

Supreme Court Dismisses Appellant in Property Title Dispute Due to Failure to Prove Ownership. The plaintiff's suit for possession was rejected as they could not establish title to the disputed land, with appellate courts re-evaluating evidence under civil procedure principles.

11 Apr 2023

The dispute involved a registered Charitable Trust as appellant, claiming ownership of land in Khasra No. 4833, and respondents who were in possession...

Supreme Court

Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

29 Mar 2023

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

Supreme Court

Supreme Court Dismisses Appeal of Convicts in Murder Case Under Section 302 IPC. High Court's affirmation of life imprisonment upheld based on eyewitness testimony and discovery of weapons, despite challenges to evidence reliability.

29 Mar 2023

The appeal arose from a murder conviction where two appellants were convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860, a...

Supreme Court

Supreme Court Allows Bank's Appeal in Consumer Protection Case Due to Absence of Deficiency in Service. Consumer Forums Cannot Adjudicate Highly Disputed Factual Issues or Allegations of Fraud Between Company Directors as Proceedings Are Summary in Nature Under the Consumer Protection Act, 1986.

27 Mar 2023

The dispute arose from a consumer complaint filed by the Managing Director of D-Cube Constructions (P) Ltd. against City Union Bank Limited, alleging ...

Supreme Court

Supreme Court Dismisses Application for Juvenile Status Determination in Death Penalty Case Due to Inconsistent Evidence and Procedural Delays. Applicant Failed to Prove Juvenility Under Section 9(2) of Juvenile Justice (Care and Protection of Children) Act, 2015, with Discrepancies in Name and Age Documents and Belated Claim After Conviction Confirmation.

27 Mar 2023

The case involved an application under Section 9(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015, filed by a convict sentenced ...

Supreme Court

Supreme Court Dismisses Appeal in Forfeiture Case Under Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976. The court upheld the forfeiture of a theatre property as the appellants failed to prove legitimate sources of funds and were associates of a person detained under COFEPOSA, with no entitlement to pay a fine in lieu of forfeiture under Section 9.

22 Mar 2023

The appeal arose from a judgment of the High Court of Karnataka upholding an order forfeiting M/s. Platinum Theatre under the Smugglers and Foreign Ex...

Supreme Court

Supreme Court Allows Appeal in Pension Benefits Case Involving Caste Certificate Verification. Court Sets Aside High Court Orders and Directs Release of Post-Retirement Benefits Due to 19-Year Delay and Violation of Natural Justice in Verification Proceedings.

17 Mar 2023

The Supreme Court heard an appeal against the Madras High Court's dismissal of a writ petition and review application concerning denial of post-retire...

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