Search Results for "Reverse burden"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Hears Appeals Against Madras High Court’s Setting Aside of Alien...
Supreme Court Hears Appeals on Permanent Establishment of Formula One World Cham...

Search Results for "Reverse burden"

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High Court

Madras High Court Delivers Judgment on Death Sentence Confirmation in POCSO Case Involving Sexual Assault of Three Minor Girls. The Court Considers Reliability of Minor Victims’ Testimony, Delay in FIR, and Definition of Penetrative Sexual Assault Under POCSO Act.

30 Jun 2026

The High Court of Madras (Madurai Bench) delivered a common judgment in a referred trial (RT(MD) No.4 of 2026) for confirmation of death sentence and ...

High Court

Madras High Court Allows Return of Seized Mobile Phone in YouTube Content Case — Cites Deterioration Risk and No Reverse Burden Under BNS and IT Act. The court set aside the Magistrate's order rejecting interim custody of the iPhone, holding that hypothetical possibility of repetition is not a valid ground to deny return of property prone to deterioration.

24 Apr 2026

The petitioner, R. Varadaraj, filed a Criminal Revision under Sections 438 read with 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) challe...

Supreme Court

Supreme Court Validates Sub-Classification of Scheduled Castes in Landmark Judgment. Upholding Equality Within Equality: Supreme Court Endorses State's Power to Sub-Classify Scheduled Castes for Targeted Reservation.

1 Aug 2024

The Supreme Court of India, in a significant ruling, has upheld the constitutionality of sub-classifying Scheduled Castes for the purpose of reservati...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit, Sets Aside Concurrent Findings for Failure to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963. The court held that mere production of a cheque during evidence without other proof does not satisfy the requirement of readiness and willingness, and a plaintiff claiming additional payment beyond the agreement must prove it.

30 Sep 2022

The case involves a second appeal arising from a suit for specific performance of an agreement to sell. The appellant, original defendant no.1, challe...

High Court

High Court of Bombay at Aurangabad Allows Complainant's Appeal in Dishonour of Cheque Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The court held that the accused failed to rebut the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act, 1881, and convicted the accused under Section 138 of the Act.

7 Dec 2020

The appellant, Kiran Rameshlal Bhandari, filed two criminal appeals challenging the judgment and order dated 20.02.2017 passed by the learned Judicial...

High Court

High Court of Bombay at Goa Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant's inconsistent evidence and lack of financial capacity led to upholding of acquittal under Section 138 of Negotiable Instruments Act, 1881.

24 Jul 2019

The appellant, Vikas Gopi Bhagat, filed a criminal appeal against the judgment and order of acquittal dated 28.5.2013 passed by the Judicial Magistrat...

Supreme Court

Supreme Court Restores Acquittal in Cheque Dishonour Case Due to Complainant's Failure to Prove Debt. High Court's Reversal Set Aside as Trial Court's Findings on Rebuttal of Presumption Were Plausible and Not Perverse.

27 Mar 2019

The Supreme Court allowed the appeal filed by Rohitbhai Jivanlal Patel against the judgment of the Gujarat High Court, which had reversed his acquitta...

High Court

Bombay High Court Dismisses Probate Petition for Will and Codicil of Dr. Bharati Nanavati Due to Suspicious Circumstances and Failure to Prove Execution. Court finds that the Will and Codicil were not proved in accordance with Section 63 of the Indian Succession Act, 1925, and Section 68 of the Indian Evidence Act, 1872, due to lack of attesting witnesses and suspicious circumstances surrounding the documents.

22 Feb 2018

The judgment concerns two connected matters: a Miscellaneous Petition (No. 39 of 2004) and a Testamentary Suit (No. 4 of 2005), both relating to the e...

High Court

Bombay High Court Dismisses Probate Petition for Will and Codicil of Dr. Bharati Nanavati Due to Suspicious Circumstances and Failure to Dispel Doubts. Court holds that propounders must prove due execution and testamentary capacity beyond suspicion, and failure to examine attesting witnesses or explain unnatural bequests leads to rejection of probate.

22 Feb 2018

The judgment concerns two testamentary proceedings: a Miscellaneous Petition No. 39 of 2004 in Testamentary Petition No. 233 of 2004 and a Testamentar...

High Court

Bombay High Court Upholds Conviction of Accused in Cheque Bounce Case Under Section 138 NI Act — Presumption of Legally Enforceable Debt Not Rebutted. Accused Failed to Prove That Cheque Was Not Issued for Discharge of Any Debt or Liability, Leading to Confirmation of Concurrent Sentence of Six Months.

24 Feb 2014

The case arises from a criminal revision application filed by the accused, Krishna Gudi, against the judgment and order of the Additional Sessions Jud...

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