Search Results for "Presumption"

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Acquittal in a Sensitive POCSO Case: Evidence and Procedure Questioned. Presumption under POCSO rebutted due to foundational gaps in evidence.

1. Background: The appellant, Sikandar Somsingh Chavhan, was convicted for rape under Section 376(2)(l) IPC and Sections 3, 4, 5(k), and 6 of the POC...

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State of Haryana's Plea for Adverse Possession Denied: High Court's Judgment Upheld. State cannot claim adverse possession over private land in a welfare State; Plaintiffs' Ownership Established.

The Supreme Court dismissed the appeal filed by the State of Haryana and the Public Works Department (PWD), challenging the High Court's decision whic...

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Supreme Court Issues Guidelines on Arbitrary Demolitions. Protecting citizens’ right to shelter under the rule of law and due process.

The legality and process of demolishing structures, especially those connected to accused individuals. It establishes that such demolitions, often per...

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Supreme Court Dismisses Appeal, Upholds Armed Forces Tribunal’s Acquittal of Air Force Officer. No Evidence Found of Intent to Cause Death in Confinement-Related Incident; Tribunal’s Decision Stands.

  Case Background: (Para 1-2): The respondent, along with four Air Force officers, was tried by a General Court Martial (GCM) on charges, inc...

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Supreme Court of India Dismisses Appeal in the Land Dispute Between Heirs of Nisar Ahmad and Sami Ullah. "Final resolution restricts co-tenancy claim and upholds the registered relinquishment deed as decisive."

The Supreme Court of India dismissed the appeals brought by Nisar Ahmad and others, affirming the High Court's decision on a protracted land dispute c...

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Bail Granted on Grounds of Long Incarceration with Stringent Conditions. High Court Grants Bail After Considering Delay in Trial and Applicant's Young Age

The High Court granted bail to the applicant, considering the long period of incarceration without substantial progress in the trial. Despite oppositi...

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Bombay High Court Grants Bail to IRS Officer in Money Laundering Case. Stringent twin tests of PMLA satisfied; Bail granted after 1 year and 3 months of incarceration.

The Bombay High Court granted bail to the applicant, an IRS officer, arrested under the Prevention of Money Laundering Act (PMLA). The court found tha...

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Petition Seeking Quashing of FIR in Dowry Death Case Dismissed. Court holds that allegations of cruelty, dowry harassment, and suicide justify full investigation and trial

The Bombay High Court dismissed a petition filed by the husband and in-laws of the deceased, Ms. Harshal, seeking the quashing of an FIR under Section...

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"Bombay High Court Revises Conviction: Rape Charge Reduced to Aggravated Sexual Assault" High Court of Bombay highlights stringent evidentiary standards in POCSO cases, emphasizing accurate charges based on verified foundational facts.

The Bombay High Court examined the evidence against the accused, initially convicted of rape under Section 376-AB IPC and Sections 4 and 6 of the POCS...