Search Results for "Appreciation of evidence"

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Supreme Court

Supreme Court Acquits Accused in Robbery Case Due to Inconsistent Evidence and Non-Applicability of Section 397 IPC. The Court held that Section 397 of the Indian Penal Code, 1860, applies only to the offender who uses a deadly weapon, and the benefit of acquittal of a co-accused extends to other accused when allegations are indivisible, leading to acquittal based on unreliable identification and suspicious FIR.

29 Oct 2021

The Supreme Court of India heard criminal appeals filed by two appellants, Ganesan and Shanmugam, challenging their conviction under Section 397 of th...

Supreme Court

Supreme Court Enhances Compensation for Injured Pillion Rider in Motor Accident Claim Due to Severe Disability and Functional Loss. Compensation for Permanent Disability Increased to Reflect 100% Loss of Earning Capacity Under Motor Vehicles Act, 1988, with Additional Awards for Bystander Expenses and Future Medical Treatment.

27 Oct 2021

The dispute arose from a motor accident on 13 April 2001, where the appellant, a 21-year-old pillion rider, suffered severe head injuries leading to 6...

Supreme Court

Supreme Court Dismisses Employer's Appeals in Industrial Dispute Over Transfer Orders. Transfer Orders Declared Illegal for Violating Section 9A of Industrial Disputes Act, 1947 as They Constituted Illegal Change Without Notice and Altered Work Nature.

26 Oct 2021

The dispute arose from transfer orders dated 13.01.2015 issued by Caparo Engineering India Ltd., the employer, transferring nine workmen from its Dewa...

Supreme Court

Supreme Court Dismisses Appeal in Partnership Dispute Over Share Entitlement. Plaintiffs Failed to Prove Capital Contribution of Rs.50,00,000 as per Partnership Deed Dated 30.10.1992, Thus Entitled Only to 10% Share in Profits and Losses Until Expulsion on 18.6.2004.

26 Oct 2021

The dispute originated from a partnership firm, M/s Selwel Combines, reconstituted in 1992 with plaintiff No.1 inducted as a partner under a deed stip...

Supreme Court

Supreme Court Reverses High Court's Quashing of FIR and Summons in SC/ST Act Case Due to Erroneous Interpretation of Magistrate's Jurisdiction and Sanction Requirements. Magistrate Retains Power to Take Cognizance Under Amended Section 14 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Sanction Under Section 197 of Code of Criminal Procedure, 1973 Not Required for Acts Not in Discharge of Official Duties.

26 Oct 2021

The dispute arose from an FIR registered by the appellant, a complainant, against police officers for offences under the Indian Penal Code and the Sch...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case, Reversing High Court's Setting Aside of Concurrent Findings. High Court Erred in Holding Plaint Lacked Specific Averments Under Section 16(c) of Specific Relief Act, 1963, as Readiness and Willingness Must Be Inferred from Plaint as a Whole.

26 Oct 2021

The dispute arose from an agreement to sell executed on 10.10.1976 by Ram Singh in favor of Sughar Singh for a sale consideration of Rs.56,000, with R...

Supreme Court

Supreme Court Allows Appeals of Housing Board Against High Court Order Directing Arbitration Tribunal to Entertain Fresh Claim Despite Prior Arbitral Award. Principle of Issue Estoppel and Finality of Award Under Arbitration Act, 1996 Applied.

26 Oct 2021

The case involves three civil appeals by the Madhya Pradesh Housing and Infrastructure Development Board against a common judgment of the Madhya Prade...

Supreme Court

Supreme Court Allows Appeal in Will Dispute, Restoring Trial Court Decree for Possession. Registered Will Upheld as Validly Proved Under Indian Succession Act and Indian Evidence Act, While Unregistered Will Found Forged Based on Suspicious Circumstances.

7 Oct 2021

The dispute centered on the validity of two wills concerning a residential property originally owned by Ms. Jessie Jayalakshmi. The appellant, claimin...

Supreme Court

Supreme Court Acquits Accused in Kerala Forest Act Case Due to Lack of Evidence and Statutory Interpretation. Sandalwood Oil Not Classified as Forest Produce Under Section 2(f), and Prosecution Failed to Prove Illicit Removal from Reserve Forest as Required Under Section 27(1)(d).

6 Oct 2021

The appeal arose from a criminal conviction under the Kerala Forest Act, 1961, involving the appellant, a partner in a firm manufacturing and trading ...

Supreme Court

Supreme Court Quashes High Court's Decree in Specific Performance Suit Due to Procedural Lapses and Improper Reliance on Affidavit. First Appellate Court Must Re-appreciate Evidence and Frame Points Under Section 96 read with Order XLI Rule 31 CPC, and Pleadings Cannot Be Altered by Affidavit Without Amendment Under Order VI Rule 17 CPC.

4 Oct 2021

The dispute arose from an agreement for sale of property in Kaspa Coimbatore between the plaintiff and defendant, with the defendant agreeing to sell ...

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