Search Results for "burden of proof"

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Supreme Court

Supreme Court Dismisses Appeal in Letters of Administration Case Under Indian Succession Act, 1925. The court upheld concurrent findings that the will was genuine and properly proved, rejecting arguments based on delay and inapplicability of presumption under Section 90 of the Evidence Act, 1872.

14 Mar 2023

The appeal arose from a judgment of the Calcutta High Court affirming a trial court decree granting letters of administration under Section 278 of the...

Supreme Court

Supreme Court Dismisses Revenue's Appeals in Karnataka VAT Act Cases on Input Tax Credit Claims. Court Interprets Section 70 to Hold Purchasing Dealers Discharged Burden of Proof Through Genuine Invoices and Payments, Entitling Them to ITC Despite Seller Defaults.

13 Mar 2023

The dispute involved appeals by the State of Karnataka (revenue) against High Court judgments that dismissed revision applications and allowed Input T...

Supreme Court

Supreme Court Sets Aside High Court's Remand Order in Civil Suit for Cancellation of Sale Deed - Directs Trial Court to Decide Based on Existing Evidence. The Court held that remand for de novo trial was unjustified as the Trial Court had already recorded evidence and decided on merits under Section 103 of the Indian Evidence Act, 1872, with no exceptional circumstances present.

27 Feb 2023

The appeal arose from a common judgment of the High Court of Kerala dated 28.06.2019, which disposed of four appeals related to civil suits between si...

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 Allows Wife's Appeal Against DNA Test Order in Divorce Case, Upholding Marital Presumption of Paternity. The Court Held That the Presumption Under Section 112 of the Indian Evidence Act, 1872, Cannot Be Rebutted by DNA Evidence Alone Without Proof of Non-Access, Protecting the Child's Legitimacy and Privacy Rights.

20 Feb 2023

The dispute arose from a divorce petition filed by the husband under Sections 13(1)(i) and (ia) of the Hindu Marriage Act, 1955, alleging adultery by ...

Supreme Court

Supreme Court Dismisses Appeals in Land Acquisition Compensation Case Upholding Ancestry-Based Classification. The Court Affirms That Distinction Between 'Pushtaini' and 'Gair-Pushtaini' Landholders for Compensation Under the Land Acquisition Act, 1894 and Related Rules Has a Reasonable Nexus with Rehabilitation Objectives.

20 Feb 2023

The appeals arose from a judgment and order dated 30 March 2018 by a Full Bench of the High Court of Judicature at Allahabad, which upheld a classific...

Supreme Court

Supreme Court Dismisses Appeal in Murder Conviction Based on Circumstantial Evidence and Last Seen Theory. Conviction under Section 302 IPC upheld as accused failed to explain departure from deceased's company under Section 106 Evidence Act, with corroborative evidence of weapon recovery and established enmity.

17 Feb 2023

The Supreme Court considered a criminal appeal challenging the concurrent findings of the Sessions Court and High Court convicting the petitioner-accu...

Supreme Court

Supreme Court Reverses High Court Order Permitting Evidence in Arbitration Challenge. The Court held that the 2019 amendment to Section 34(2)(a) of the Arbitration & Conciliation Act, 1996 is clarificatory and limits evidence to the arbitral record, disallowing additional evidence in Section 34 proceedings except in exceptional circumstances.

19 Jan 2023

The dispute arose from an arbitral award dated 12.03.1998, which was challenged by the respondents through an application under Section 34 of the Arbi...

Supreme Court

Supreme Court Dismisses Appeal in Customs Classification Dispute Over All-in-One Desktop Computers. Goods Classified as Portable Under Tariff Item 8471 30 10 Based on Weight and Transportability, Affecting Duty Valuation Under Central Excise Act, 1944.

17 Jan 2023

The Supreme Court of India addressed an appeal concerning the classification of Automatic Data Processing Machines, specifically All-in-One Integrated...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Unreliable Circumstantial Evidence and Unexplained FIR Delay. Conviction Under Sections 302, 364, 201 IPC Set Aside as Prosecution Failed to Prove Chain of Events Beyond Reasonable Doubt, with Witness Testimonies Found Untrustworthy and Last Seen Theory Unsubstantiated.

17 Jan 2023

The Supreme Court heard an appeal against the conviction of appellants under Sections 302, 364, and 201 of the Indian Penal Code, 1860, for the murder...

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