Search Results for "Burden of proof"

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Supreme Court

Supreme Court Dismisses State's Appeal in Disciplinary Proceedings for Violation of Natural Justice and Procedural Rules. The Court upheld the Tribunal's order setting aside punishment due to non-compliance with U.P. Government Servants (Discipline and Appeal) Rules, 1999, including failure to examine witnesses, supply documents, and seek extension of court-stipulated time.

23 Apr 2025

The appeal arose from a challenge by the State of Uttar Pradesh against a High Court order dismissing its writ petition, which had sought to overturn ...

Supreme Court

Supreme Court Quashes Disciplinary Proceedings Against Police Officer in 1984 Anti-Sikh Riots Case Due to Inordinate Delay and Procedural Unfairness. The Court held that remand to Disciplinary Authority for fresh disagreement note was unjustified given 38-year delay, appellant's retirement at age 80, and violation of natural justice in earlier proceedings under service rules.

23 Apr 2025

The appeal arose from disciplinary proceedings against a police officer related to the 1984 Anti-Sikh Riots. The appellant, posted as Inspector of Pol...

Supreme Court

Supreme Court Allows Appeal in Property Partition Dispute, Reversing High Court's Decision on Self-Acquired Property Status. The Court held that the High Court exceeded jurisdiction under Section 100 CPC by deciding a factual issue, and the property was self-acquired as purchased after partition using own funds, not joint family funds.

22 Apr 2025

The dispute involved a property partition suit among family members. The appellant, as Defendant No.2, purchased the suit property from Defendant No.1...

Supreme Court

Supreme Court Acquits Accused in Cheque Dishonour Case Due to Successful Rebuttal of Presumptions and Unjustified Appellate Interference. The Court held that the accused raised a probable defence under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881, and the High Court erred in overturning the Trial Court's acquittal as the findings were not perverse.

22 Apr 2025

The appeal arose from a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881. The complainant alleged lending Rs. 20,00,000...

Supreme Court

Supreme Court Acquits Accused in Employees' State Insurance Act Case Due to Insufficient Evidence on Principal Employer Role and Non-Deposit of Contributions. Conviction under Section 85(i)(b) of Employees' State Insurance Act, 1948 Set Aside as Prosecution Failed to Prove Accused Deducted and Failed to Deposit ESI Contributions from Employees' Wages.

17 Apr 2025

The appeal arose from a criminal conviction under the Employees' State Insurance Act, 1948. The appellant, along with the company, was accused of fail...

Supreme Court

Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

9 Apr 2025

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

Supreme Court

Supreme Court Reinstates Conviction in Cheque Dishonour Case, Modifies Sentence to Fine. Presumption Under Section 139 NI Act Favours Complainant Unless Rebutted by Probable Defence – High Court’s Acquittal Overturned

2 Apr 2025

Presumption of Legally Enforceable Debt (Sections 118 & 139 NI Act): The Supreme Court reiterated that once the complainant proves the cheque...

Supreme Court

Supreme Court Quashes FIR in Cheating Case, Distinguishes Between Civil Breach and Criminal Cheating. Business Setbacks Do Not Automatically Imply Criminal Intent – SC

2 Apr 2025

Civil Dispute vs. Criminal Cheating: The Supreme Court reiterated that mere breach of contract or failure to repay dues due to business losses does n...

Supreme Court

Supreme Court Upholds Customs Authorities in Classification Dispute Over Imported Goods as High Speed Diesel. Goods Classified as Prohibited High Speed Diesel Under Customs Tariff Act, 1975, Leading to Confiscation and Penalties Under Customs Act, 1962.

28 Mar 2025

The dispute centered on the classification of imported goods by three appellant companies, who declared them as Base Oil under Chapter Heading 2710196...

Supreme Court

Supreme Court Set Aside High Court’s Conviction Order – Mere Presence at the Scene of Crime Not Sufficient to Prove Unlawful Assembly. High Court erred in reversing the acquittal – No cogent evidence to establish participation in rioting – Conviction unsustainable in law

21 Mar 2025

Unlawful Assembly Requires Participation – Mere presence in a riot-affected area does not automatically make a person part of the unlawful assembly ...

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