Search Results for "Burden of proof"

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Search Results for "Burden of proof"

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Supreme Court

Supreme Court Reverses High Court's Decision in Property Title Dispute Due to Lack of Evidence on Power of Attorney. Concurrent Findings of Lower Courts Restored as Plaintiffs Failed to Prove Title and Compliance with Registration Act for Foreign-Executed Document.

13 Jan 2023

The dispute originated from a civil suit filed by the original plaintiffs seeking declaration of title and recovery of possession over a property, all...

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 Acquits Accused in Murder Case Due to Insufficient Circumstantial Evidence and Failure to Prove Motive. Conviction under Sections 302 and 201 IPC set aside as prosecution failed to establish complete chain of circumstances and motive, with key witnesses turning hostile and burden under Section 106 Evidence Act not triggered.

2 Jan 2023

The appeal arose from the conviction of the appellant under Sections 302 and 201 of the Indian Penal Code, 1860 for the murder of his two young sons. ...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Insufficient Evidence and Unreliable Confession. Conviction under Section 302 read with Section 34 of Indian Penal Code, 1860, set aside as prosecution failed to prove guilt beyond reasonable doubt based on confession and circumstantial evidence.

30 Sep 2022

The Supreme Court of India heard criminal appeals filed by four appellants challenging their conviction for murder under Section 302 read with Section...

Supreme Court

Supreme Court Upholds Death Penalty for Accused in Rape and Murder Case Based on Circumstantial Evidence. Conviction under Sections 302 and 376 IPC sustained as witness testimonies were trustworthy and chain of circumstances was complete, applying last seen theory and Section 106 Evidence Act.

28 Sep 2022

The Supreme Court of India heard a criminal appeal by an accused convicted under Sections 302 and 376 of the Indian Penal Code, 1860, for the rape and...

Supreme Court

Supreme Court Dismisses Appeal in Rent Control Eviction Case, Upholding Concurrent Findings. Eviction ordered under Sections 10(2)(i), 10(2)(vi), and 10(3)(a) of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, based on non-payment of rent, denial of title, and landlord's business use.

22 Sep 2022

The dispute arose from an eviction petition filed by the respondent-landlord under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act...

Supreme Court

Supreme Court Dismisses Appeal in Benami Property Dispute Under Benami Transaction (Prohibition) Act, 1988. Plaintiffs Failed to Prove Property Was Held for Benefit of Hindu Undivided Family Coparceners Under Section 4(3)(a), Making Suit Barred Under Section 4(1).

5 Sep 2022

The dispute originated from a civil suit filed by Laxmi Prasad, his wife, and two daughters against his two sons and subsequent purchasers, seeking de...

Supreme Court

Supreme Court Reinstates Prosecution of Public Servant and Spouse in Prevention of Corruption Act Case for Disproportionate Assets. High Court's Discharge Order Quashed as It Erred in Re-appreciating Evidence at Charge Framing Stage Under Section 239 CrPC, Failing to Consider Prima Facie Case Based on FIR and Charge Sheet Materials.

5 Sep 2022

The Supreme Court heard appeals by the State of Tamil Nadu against the Madras High Court's judgment discharging a public servant and his wife from pro...

Supreme Court

Supreme Court Quashes Confiscation Order in M.P. Prohibition of Cow Slaughter Act Case After Acquittal. Confiscation of Vehicle Under Section 11(5) is Unjustified When Criminal Charges Are Not Proved, as the Act Lacks a Non-Obstante Clause Ousting Jurisdiction of Criminal Courts.

4 Mar 2022

The dispute arose from the confiscation of a truck under the M.P. Prohibition of Cow Slaughter Act, 2004, after the accused persons, including the tru...

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