Search Results for "reverse presumption"

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Bombay High Court Dismisses Appeal in Trademark Infringement Suit Over 'THE ASWA' and 'ASĀVA' Marks — No Prima Facie Case for Injunction Due to Lack of Phonetic Similarity and Descriptive Nature of Mark.

The appellant, Meher Distilleries Private Limited, is the registered proprietor of the trademark 'THE ASWA' under Registration No.2716867 in Class-33 ...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder and Outraging Modesty Case Due to Inconsistent Dying Declarations. Acquittal upheld as prosecution failed to prove guilt beyond reasonable doubt due to contradictions in dying declarations and lack of corroboration.

The State of Maharashtra appealed against the judgment and order dated 31st October 1998 passed by the IInd Additional Sessions Judge, Kolhapur in Ses...

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Bombay High Court Dismisses State Appeal Against Acquittal in Abetment of Suicide Case — No Evidence of Cruelty or Instigation. Acquittal of husband and in-laws under Sections 306, 498A IPC upheld as prosecution failed to prove dowry demand or harassment leading to suicide.

The State of Maharashtra appealed against the judgment and order dated 4.2.1999 passed by the learned Additional Sessions Judge, Ahmednagar in Session...

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Bombay High Court Upholds Acquittal of Accused in Rape and Murder Case Due to Lack of Credible Evidence. Circumstantial Evidence Fails to Establish Guilt Beyond Reasonable Doubt Under Sections 302 and 376 IPC.

The case pertains to the alleged rape and murder of Sonali Vasant Deshpande by the accused Rohan Pushpraj Fanasgaonkar on 27 July 2004 at a hotel in L...

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Bombay High Court Allows Appeals for Enhanced Compensation in Land Acquisition for Playground. Market Value Fixed at Rs. 100 per sq.mtr. Based on Comparable Sale Deed, with Solatium and Interest Under Land Acquisition Act, 1894.

The case involves two appeals arising from a common land acquisition notification for a children's playground in Pimpri-Chinchwad. The land, admeasuri...

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Bombay High Court Dismisses Port Trust's Suit Against Bank for Demurrage Charges — Bank Not Owner Under Major Port Trusts Act, 1963. Suit Against Bank Barred by Limitation as Goods Sold in 1979 and Suit Filed in 1982.

The plaintiff, Board of Trustees of the Port of Bombay (BPT), filed a suit against defendant No.1 (M/s. South Iron & Steel Co.) and defendant No.2 (Un...

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Bombay High Court Allows Appeal Declaring Marriage Null and Void Due to Lack of Consent and Fraudulent Registration. The court held that the appellant's consistent denial of marriage and evidence of fraudulent registration established lack of consent, rendering the marriage void ab initio.

The appellant, a woman, filed a petition in the Family Court at Mumbai seeking a declaration that she was not the legally wedded wife of the responden...

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Bombay High Court Confirms Death Sentence for Rape and Murder of Minor under POCSO Act and IPC. Circumstantial Evidence Including Last Seen Theory Sufficient to Sustain Conviction and Death Penalty in Rarest of Rare Case.

The case pertains to the confirmation of the death sentence awarded to Atul Rama Lote by the Special Judge (POCSO), Thane, for the rape and murder of ...