Search Results for "reverse presumption"

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Supreme Court Upholds Section 18A of SC/ST Act Against Challenge of Unconstitutionality — Amendment Restores Pre-Dr. Subhash Kashinath Position After Review

The petitioners challenged the constitutional validity of Section 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 198...

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Supreme Court Allows Appeal in Dacoity Case Due to Lack of Identification and Flawed Circumstantial Evidence. High Court's Reversal of Acquittal Set Aside as Prosecution Failed to Prove Identity and Circumstantial Evidence Was Unreliable Under Section 397 IPC.

The Supreme Court allowed the appeal of Nagaraja (Accused No.4) against the judgment of the Karnataka High Court which had reversed his acquittal and ...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency.

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-...

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Bombay High Court Allows Writ Petition Challenging Lifting of Temporary Injunction in Property Dispute. Court Restores Injunction Restraining Alienation and Development of Suit Property Pending Suit for Declaration of Share and Challenge to Revocation of Will and Gift Deed.

The petitioner, Ravikiran Vasant Gore, filed two writ petitions challenging the judgment and order dated 25 January 2021 passed by the District Judge-...

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Bombay High Court Allows Petition Challenging Liability for Pre-Sale Property Tax Arrears After Sale of Property. Transferor Not Liable for Taxes Accruing After Transfer Under Maharashtra Village Panchayats Act, 1959.

The petitioner, Vishal Laxman Sakhare, filed a writ petition challenging an order of the Additional Divisional Commissioner, Pune, which reversed the ...

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Bombay High Court Dismisses Petition Challenging Cancellation of Gift Deeds Under Senior Citizens Act, 2007. Gift Deeds Executed by Mother in Favor of Younger Son and Daughter-in-Law Declared Null and Void Due to Lack of Free Consent and Failure to Provide Maintenance.

The case involves a petition filed by Ashwin Bharat Khater and his wife Ruchi Ashwin Khater (petitioners) challenging an order dated 12 April 2022 pas...

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Bombay High Court Allows Appeal in Carriage of Goods by Sea Case — Sets Aside Ex-Parte Decree Due to Non-Service of Summons. Service of summons on agent of foreign principal held insufficient to bind the principal under Order 5 Rule 12 of CPC, 1908.

The appeal arises from a judgment and decree dated 18 October 2014 passed by the City Civil Court, Bombay in SC Suit No.7175 of 1997. The plaintiff, D...

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Bombay High Court Acquits Accused in Corruption Trap Case Due to Unreliable Complainant and Lack of Corroboration. Conviction under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as demand and acceptance of bribe not proved beyond reasonable doubt.

The appellant, Anand Murlidhar Salvi, was a Senior Clerk in the office of the Executive Engineer, Implementation Wing, Town Planning, Yerwada, Pune. H...