Search Results for "Presumption"

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Supreme Court Upholds Penalty of Removal from Medical Register for Three Months ...
Supreme Court Allows Formaldehyde Manufacturing Units to Operate Without Prior E...
Supreme Court Allows Appeals by State and Employee in Service Rule Relaxation Di...
High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...

Search Results for "Presumption"

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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 Writ Petition Challenging Delimitation Commission for Jammu and Kashmir Union Territory. Delimitation Exercise Upheld as Valid Under Jammu and Kashmir Reorganisation Act, 2019, with Constitutional Provisos Inapplicable to Union Territories.

13 Feb 2023

The writ petition under Article 32 of the Constitution of India challenged the legality and validity of constituting a Delimitation Commission for the...

Supreme Court

Supreme Court Allows Appeal in Haryana VAT Act Case Due to Jurisdictional Issue and Misapplication of Precedent. High Court Erred in Dismissing Writ Petition on Alternative Remedy Grounds as Appellant Raised Pure Question of Law Under Section 34 of Haryana Value Added Tax Act, 2003 Regarding Revisional Authority's Competence.

1 Feb 2023

The appeal arose from an order of the High Court of Punjab and Haryana dismissing a civil writ petition filed by the appellant, who challenged the jur...

Supreme Court

Supreme Court Quashes Conviction Under Section 138 of Negotiable Instruments Act, 1881 and Sets Aside Civil Decrees Based on Promissory Notes Due to Misuse of Blank Cheques Issued as Security. The Court Held That the Presumption Under Section 139 Was Rebutted as the Cheques Were Issued for Chitfund Security and Presented After Account Closure, and the Lender's Financial Capacity Was Not Proven in Civil Suits.

18 Jan 2023

The Supreme Court of India, in a judgment delivered by Justice B.R. Gavai, disposed of criminal and civil appeals arising from a dispute involving dis...

Supreme Court

Supreme Court Dismisses Assessee's Appeal in Income Tax Block Assessment Case on Levy of Interest and Surcharge. Interest under Section 158BFA(1) of Income Tax Act, 1961 upheld for belated filing of block period return despite notice issued under Section 158BD prior to amendment, as provision inherently incorporates Section 158BC procedure.

13 Jan 2023

The Supreme Court addressed a group of appeals concerning the levy of interest under Section 158BFA(1) and surcharge under Section 113 of the Income T...

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 Considers Validity of Special Road Tax Provisions in Himachal Pradesh Motor Vehicles Taxation Act on Reference to Larger Bench. The Court Examines Whether Levy Under Section 3-A(3) Constitutes a Tax or Penalty and Falls Within State Legislative Competence Under Entries 56 and 57 of List II of the Seventh Schedule.

13 Jan 2023

The dispute arose from a challenge by public transport operators to the constitutional validity of certain provisions of the Himachal Pradesh Motor Ve...

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