Search Results for "Reversal"

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Supreme Court

Supreme Court Dismisses Appeal Against Acquittal in Murder Case Due to Proper Appreciation of Evidence. The Court upheld the High Court's decision finding no perversity in the trial court's judgment, which acquitted accused persons based on unreliable eyewitness testimony and inconclusive forensic evidence under Sections 148, 149, 323, 324, 307, 302 and 506 of Indian Penal Code, 1860.

24 Feb 2023

The appeal arose from a criminal case where respondents were accused of attacking the deceased on December 22, 2009, leading to his death the followin...

Supreme Court

Supreme Court Quashes Post-Result Reduction of Qualifying Marks in Recruitment Process Due to Arbitrary Exercise of Power. The court held that recruitment rules cannot be altered after the game has begun, and horizontal reservation must be applied as per advertisement terms, not treated as vertical reservation post-facto.

20 Feb 2023

The dispute arose from a recruitment process for Supervisor Instructor Class III posts in Gujarat, where the Departmental Selection Committee, followi...

Supreme Court

Supreme Court Dismisses Appeal in Land Encroachment Case, Upholding Demolition and Possession Decree. Concurrent findings of ownership and encroachment were not interfered with under Article 136 of the Constitution, and Section 51 of the Transfer of Property Act, 1882 was held inapplicable as the appellant failed to establish being a transferee with bona fide belief.

2 Feb 2023

The dispute originated from a civil suit filed by the respondent (plaintiff) for possession of land measuring 11 Biswancies and demolition of structur...

Supreme Court

Supreme Court Clarifies Legal Insanity Defence Under Section 84 IPC and Burden of Proof Under Section 105 Evidence Act. The court held that insanity must be legal, not medical, to exempt from criminal liability, with the accused bearing the burden of proof on a preponderance of probabilities standard.

12 Jan 2023

The judgment involved an appeal where the appellant raised the plea of insanity under Section 84 of the Indian Penal Code, 1860, seeking reversal of a...

Supreme Court

Supreme Court Dismisses Civil Appeal in Property Title Dispute, Upholding High Court's Reversal of Trial Court Decree. The plaintiff failed to discharge the burden of proof to establish ownership of Schedule 'A' property under the Code of Civil Procedure, 1908, based on insufficient evidence including deeds and lack of lease documentation.

4 Jan 2023

The dispute originated from a title suit filed in 1986 by Smriti Debbarma on behalf of Maharani Chandratara Devi, seeking declaration of ownership ove...

Supreme Court

Supreme Court Allows Recovery of Excess Payments from In-Service Nursing Trainees Under Restitution Principle. Recovery Permitted as Payments Were Made Pursuant to Court Order Later Set Aside, Distinguishing Mistaken Payment Guidelines Under Rafiq Masih Case for Class III and IV Employees.

29 Mar 2022

The dispute originated from in-service employees of the Rajasthan Medical & Health Subordinate Service, working as ANMs, Lab Technicians, and similar ...

Supreme Court

Supreme Court Quashes Division Bench Order in Trade Mark Infringement Suit Due to Non-maintainable Intra-court Appeal. The Single Judge's Order Granting Time to File Affidavit-in-Opposition Was Not a 'Judgment' Under Clause 15 of Letters Patent, Making the Appeal Inadmissible.

14 Mar 2022

The dispute arose from a civil suit filed by the respondent-plaintiff against the appellant-defendants for infringement of the registered trade mark '...

Supreme Court

Supreme Court Allows Appeal of Accused in NDPS Act Case Due to Procedural Non-Compliance and Erroneous High Court Approach. The High Court's reversal of acquittal was set aside as it failed to consider the trial court's reasons and the prosecution did not prove mandatory search procedure under the NDPS Act, leading to restoration of acquittal.

9 Mar 2022

The appeal arose from a conviction under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, where the High Court reversed the Tri...

Supreme Court

Supreme Court Allows Appeals in Film Rights Licensing Dispute, Reinstating Interim Injunction Granted by Single Judge. The Court Held That the Division Bench Erred in Overturning the Injunction, as the Single Judge Properly Applied Principles of Balance of Convenience and Prima Facie Case Under Order XXXIX of the Code of Civil Procedure, 1908, and Correctly Interpreted the Settlement Deed's Payment Terms.

7 Mar 2022

The Supreme Court heard appeals challenging the Division Bench's reversal of an interim injunction granted by a Single Judge in commercial suits conce...

Supreme Court

Supreme Court Reverses Acquittal and Restores Conviction of Accused in Murder Case Under Sections 302 and 148 IPC. The Court Held That the High Court Erred in Disbelieving Credible Eye and Injured Witnesses Based on Minor Contradictions and Alleged FIR Interpolation, While Upholding Acquittal of Other Accused Due to Lack of Specific Overt Acts Under Section 149 IPC.

7 Mar 2022

The Supreme Court addressed appeals arising from a murder case where the deceased Rajasekhar Reddy was attacked by an unlawful assembly armed with hun...

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