Search Results for "onus shifting"

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High Court of Gujarat Dismisses Union of India's Appeal in Railway Accident Compensation Case — Accidental Fall from Train Due to Jerk. Deemed Bona Fide Passenger Entitled to ₹8,00,000 Compensation Under Railway Claims Tribunal Act, 1987.

The present appeal was filed by the Union of India under Section 23 of the Railway Claims Tribunal Act, 1987, challenging the award dated 20.08.2025 p...

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Bombay High Court Convicts Directors for Default in Filing Statement of Affairs Under Section 454(5) of Companies Act, 1956 — Failure to Submit Statement Despite Repeated Court Orders and Notices Constitutes Offence Without Reasonable Excuse.

The Official Liquidator of M/s. Geeta Marine Services Pvt. Ltd. filed a complaint under Section 454(5) of the Companies Act, 1956 against four accused...

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Supreme Court Restores Conviction in Murder Case Based on Child Witness and Circumstantial Evidence. Section 106 of Evidence Act Shifts Burden on Husband for Wife's Death in Matrimonial Home.

The State of Madhya Pradesh appealed against the acquittal of Balveer Singh by the High Court of Madhya Pradesh. The case involved the murder of Biren...

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Bombay High Court Dismisses Writ Petition Challenging Show Cause Notice in GST Discount Case — No Interference at Pre-Adjudication Stage. Limitation and Retrospective Effect of Circular Can Be Raised Before Adjudicating Authority Under Section 74 of CGST Act, 2017.

The petitioner, Apollo Tyres Limited, challenged a show cause notice dated 2 August 2024 issued by the Additional Director, Directorate General of GST...

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Karnataka High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree for Declaration and Injunction. First Appellate Court's Reversal Set Aside for Ignoring Documentary Evidence and Failing to Frame Proper Points for Determination Under Order 41 Rule 31 CPC.

The appellant, Kum. Harshada S., filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree da...

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Supreme Court Quashes Special Court's Order in Benami Transactions Case. "Loans repaid without adequate documentation—burden of proof remains on the Custodian."

The Supreme Court of India overturned judgments by the Special Court relating to recoveries from the appellants (Suman L. Shah and Laxmichand Shah) as...

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Bombay High Court Allows Second Appeal in Partition Suit — Reverses Concurrent Findings of Courts Below. Held that the plaintiffs failed to prove joint family property and that the suit was barred by limitation and res judicata.

The case involves a second appeal arising from a suit for partition and separate possession filed by the plaintiffs (respondents) against the defendan...