Search Results for "reverse presumption"

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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 ...

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Bombay High Court Upholds Juvenile Board's Decision to Try Older Juvenile as Adult in Murder Case — Section 15 of Juvenile Justice Act, 2015 Requires Individualized Assessment of Physical and Mental Capacity to Commit Offence.

The case involves two juveniles, aged 17.5 years and 16.5 years, accused of murdering a three-and-half-year-old child. The Juvenile Justice Board, aft...

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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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Bombay High Court Allows Appeal Against Acquittal in Cheque Bounce Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act. Cooperative Bank Held to Be Holder in Due Course and Service of Notice by UPC Valid.

The appellant, The Karad Urban Cooperative Bank Limited, filed a complaint against respondent no.1, Sunil Laxman Dalvi, alleging an offence under Sect...

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Bombay High Court Dismisses State Appeal Against Acquittal in Attempt to Murder Case Due to Unreliable Witnesses and Lack of Corroboration. Acquittal of Accused Under Sections 307, 323, 143, 144, 147, 148, 504 IPC and Bombay Police Act Upheld as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The State of Maharashtra and the original complainant Vilas Shravan Patil filed appeals against the judgment and order dated 10th May 2013 passed by t...

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Bombay High Court Upholds Acquittal in Attempt to Murder Case Due to Inconsistent Evidence and Doubtful Identification. Alleged Assault with Deadly Weapons Fails as Prosecution Witnesses Turn Hostile and Medical Evidence Does Not Corroborate Ocular Testimony.

The State of Maharashtra appealed against the judgment dated 29.12.2006 of the Additional Sessions Judge, Satara, acquitting the respondents (original...