Search Results for "Presumption"

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Supreme Court Upholds Penalty of Removal from Medical Register for Three Months ...
Supreme Court Allows Formaldehyde Manufacturing Units to Operate Without Prior E...
Supreme Court Allows Appeals by State and Employee in Service Rule Relaxation Di...
High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
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Search Results for "Presumption"

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Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim Case — Insurance Company Held Liable Despite Bus Being Under Corporation's Control. The Court distinguished earlier precedent and held that under the Motor Vehicles Act, 1988, the insurance company is liable to pay compensation even when the vehicle is under the control of a state transport corporation.

1 Jan 2020

The appeal arose from a motor accident claim where a 45-year-old cyclist was killed after being hit by a bus on 16.08.2001. The bus was owned by a pri...

Supreme Court

Supreme Court Restores Concurrent Findings of Fraud in Property Dispute Between Siblings — General Power of Attorney and Sale Deeds Set Aside as Void. The court held that the plaintiff had sufficiently proved fraud by preponderance of probabilities, and the High Court erred in reversing the concurrent findings without establishing perversity.

1 Jan 2020

The dispute arose between the plaintiff, Joginder Kaur (since deceased, represented by her daughter Nirmal Gill), and her step-brothers and step-siste...

Supreme Court

Supreme Court Upholds Quashing of PTI Selection by Haryana Staff Selection Commission Due to Arbitrary Change in Criteria. The selection process violated Articles 14 and 16 of the Constitution as the Commission altered the marking scheme after interviews without any rational basis.

1 Jan 2020

The case pertains to a batch of appeals arising from a common judgment of the Punjab and Haryana High Court, which quashed the selection of Physical T...

Supreme Court

Supreme Court Allows Union of India's Appeals in Excise Incentive Withdrawal Case — Policy Change Upheld as Prospective and in Public Interest. The Court held that the impugned notification was not retrospective and promissory estoppel did not bar the government from modifying the incentive scheme for Kutch industries.

1 Jan 2020

The Supreme Court allowed the appeals filed by the Union of India against the common judgment of the Gujarat High Court, which had quashed Notificatio...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Property Dispute — Suit Barred by Limitation Under Section 6 of Wakf Act, 1954. One-Year Limitation Period for Challenging Wakf Publication Cannot Be Extended by Notice Requirement Under Section 56.

30 Aug 2019

The appellant, Syed Zainul Abedeen, filed a suit under Section 6 of the Wakf Act, 1954, seeking a declaration that the property Mandarja Madnumber 14 ...

Supreme Court

Supreme Court Dismisses Appeal in Joint Family Property Dispute — Tenancy Rights Determined Under Bombay Tenancy Act, Civil Court Jurisdiction Barred. The court held that the civil court lacked jurisdiction to decide tenancy issues under Sections 85 and 85A of the Bombay Tenancy and Agricultural Lands Act, 1948, but the certificate under Section 32M had become final.

27 Aug 2019

The dispute pertains to an open land measuring eight acres in Nasik, originally owned by Raghunath Hari Phadake. The land was taken on lease by Govind...

Supreme Court

Supreme Court Upholds Quashing of Notification Restricting Oxytocin Manufacture to Public Sector. Notification under Section 26A of Drugs and Cosmetics Act, 1940 held invalid for being arbitrary and disproportionate to the objective of curbing misuse.

22 Aug 2019

The case involves a challenge to a notification issued by the Ministry of Health and Family Welfare under Section 26A of the Drugs and Cosmetics Act, ...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Inconsistent Defence and Failure to Rebut Presumption. The Court held that the accused failed to rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881, as the receipts produced contained the endorsement 'cheques are subject to realisation', indicating the cheques were not security but towards payment.

21 Aug 2019

The appellant, M/s Shree Daneshwari Traders, a commission agent and merchant, supplied rice bags to the respondent, Sanjay Jain, on request. The respo...

Supreme Court

Supreme Court Dismisses Appeals of Village Assistants Convicted Under Prevention of Corruption Act for Accepting Bribe on Instructions of Village Administrative Officer. Presumption Under Section 20 of the Act Applies Even When Demand Was Made by Co-Accused, and Mere Absence of Direct Demand by Appellants Does Not Negate Their Guilt.

20 Aug 2019

The Supreme Court dismissed the appeals of Guruviah and Velusamy, village assistants convicted under the Prevention of Corruption Act, 1988. The case ...

Supreme Court

Supreme Court Dismisses Land Acquisition Compensation Appeals Due to Inordinate Delay of 21 Years. Petitioners Failed to Show Sufficient Cause for Condonation of Delay, Special Leave Petitions Dismissed as Barred by Limitation.

8 Aug 2019

The case involves special leave petitions filed by original claimants (landowners) challenging a common judgment dated 2.4.1996 of the Allahabad High ...

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