Search Results for "burden of proof"

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Supreme Court Allows Bank's Appeal in Consumer Protection Case Due to Absence of Deficiency in Service. Consumer Forums Cannot Adjudicate Highly Disputed Factual Issues or Allegations of Fraud Between Company Directors as Proceedings Are Summary in Nature Under the Consumer Protection Act, 1986.

The dispute arose from a consumer complaint filed by the Managing Director of D-Cube Constructions (P) Ltd. against City Union Bank Limited, alleging ...

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Supreme Court Dismisses Revenue's Appeals in Karnataka VAT Act Cases on Input Tax Credit Claims. Court Interprets Section 70 to Hold Purchasing Dealers Discharged Burden of Proof Through Genuine Invoices and Payments, Entitling Them to ITC Despite Seller Defaults.

The dispute involved appeals by the State of Karnataka (revenue) against High Court judgments that dismissed revision applications and allowed Input T...

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Supreme Court Clarifies Legal Insanity Defence Under Section 84 IPC and Burden of Proof Under Section 105 Evidence Act. The court held that insanity must be legal, not medical, to exempt from criminal liability, with the accused bearing the burden of proof on a preponderance of probabilities standard.

The judgment involved an appeal where the appellant raised the plea of insanity under Section 84 of the Indian Penal Code, 1860, seeking reversal of a...

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Supreme Court Acquits Accused in Murder Case Due to Inadequate Circumstantial Evidence and Defective Investigation. Conviction under Sections 302 and 201 of Indian Penal Code, 1860, Overturned as Prosecution Failed to Prove Complete Chain of Circumstances and Investigation Was Shoddy.

The appeal arose from a murder conviction where the appellants, husband and mother-in-law of the deceased, were convicted under Section 302 read with ...