Search Results for "Burden of proof"

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High Court Acquits Accused in Rash Driving Case Under Sections 279, 337, 338, and 304A IPC Due to Lack of Evidence and Procedural Lapses -- Conviction Overturned and Acquittal Restored

The appellant was convicted by the first appellate court under Sections 279, 337, 338, and 304A of Indian Penal Code, 1860 (IPC) for rash and negligen...

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High Court Dismisses Second Appeal in Land Dispute - Heirs of Appellant Fail to Restore Permanent Injunction Decree - Appellate Court's Modification of Injunction Upheld Under CPC

The High Court dismissed a Second Appeal in a land dispute case where the appellants sought restoration of a Trial Court decree granting permanent inj...

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Supreme Court Acquits Appellant in Murder Case Due to Incomplete Chain of Circumstantial Evidence -- Last Seen Theory Alone Insufficient for Conviction Under Indian Penal Code, 1860

The Supreme Court allowed the criminal appeal filed by M Anoj @ Munna against his conviction under Sections 302 and 201 of the Indian Penal Code, 1860...

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Supreme Court Upholds Acquittal of Father-in-Law in Dowry Death Case Under IPC Sections 302, 304B, 498A, and 201 Due to Insufficient Evidence and Failure to Prove Marriage Date

The Supreme Court upheld the High Court's acquittal of Janved Singh, the father-in-law, in a case involving the death of his daughter-in-law, Pushpa. ...

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Supreme Court altered Conviction to U/s 304-II of IPC from Under Section 302 IPC for Murdering Two Minor Daughters -- Eyewitness Testimony and Medical Evidence Establish Guilt Beyond Reasonable Doubt

The Supreme Court partly allowed the criminal appeal filed by Appellants against her conviction under Section 302 of the Indian Penal Code for murderi...

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Supreme Court Reinstates Conviction in Cheque Dishonour Case, Modifies Sentence to Fine. Presumption Under Section 139 NI Act Favours Complainant Unless Rebutted by Probable Defence – High Court’s Acquittal Overturned

Presumption of Legally Enforceable Debt (Sections 118 & 139 NI Act): The Supreme Court reiterated that once the complainant proves the cheque...

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Supreme Court Quashes FIR in Cheating Case, Distinguishes Between Civil Breach and Criminal Cheating. Business Setbacks Do Not Automatically Imply Criminal Intent – SC

Civil Dispute vs. Criminal Cheating: The Supreme Court reiterated that mere breach of contract or failure to repay dues due to business losses does n...

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Supreme Court Set Aside High Court’s Conviction Order – Mere Presence at the Scene of Crime Not Sufficient to Prove Unlawful Assembly. High Court erred in reversing the acquittal – No cogent evidence to establish participation in rioting – Conviction unsustainable in law

Unlawful Assembly Requires Participation – Mere presence in a riot-affected area does not automatically make a person part of the unlawful assembly ...

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Supreme Court Sets Aside NCDRC Order : No Privity of Contract Between Parties, Respondent Not a ‘Consumer’ Under Consumer Protection Act, 1986. Court Holds No Tripartite Agreement Proven, Respondent Not Entitled to Compensation Under Consumer Protection Act, 1986

Privity of Contract Essential for Consumer Status: The Court reiterated that for a person to qualify as a ‘consumer’ under the CPA, t...