Search Results for "Presumption"

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Supreme Court Upholds Conviction for Murder Based on Dying Declaration. Dying declaration found reliable despite burn injuries to accused and sons, and motive established through illicit relationship and ill-treatment.

The appellant, Bhagwan, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of his wife by pouring kerosene and setting her ...

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Supreme Court Acquits Husband in Dowry Death Case Due to Lack of Proximity Between Dowry Demand and Death. Demand for Gold Chain Two Years Before Death Held Not 'Soon Before' Under Section 304-B IPC, Breaking the Live Link Required for Conviction.

The appeal arose from a conviction under Section 304-B IPC for dowry death. The appellant, Mahesh Kumar, was married to Omwati on 26.05.1991. The pros...

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Supreme Court Allows Appeal in Insurance Claim Case for Theft of Vehicle Purchased at Auction — Insurer Cannot Repudiate Claim on Ground of Lack of Insurable Interest When Premium Was Accepted and Policy Issued Reflecting Transferee's Name.

The appellant, M/s. Balwant Singh & Sons, purchased a vehicle at an auction conducted by ICICI Bank, the hypothecatee, after the original owner (third...

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Supreme Court Acquits Accused in NDPS Case Due to Lack of Independent Witnesses and Failure to Establish Sample Identity. Conviction under Sections 8, 15, and 31 of NDPS Act Set Aside as Prosecution Failed to Prove Sample Seized Was Same as Tested.

The Supreme Court allowed the appeal of Vijay Pandey against his conviction under Sections 8, 15, and 31 of the Narcotic Drugs and Psychotropic Substa...

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Supreme Court Partly Allows Appeals for Enhanced Compensation in Land Acquisition for Rehabilitation Project. Court Condones Delay and Grants 10% Cumulative Escalation for Potential Development, Denies Interest for Delayed Filing.

The Supreme Court partly allowed appeals by claimants seeking enhanced compensation for land acquired for the Hirehalla project. The Government notifi...

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Supreme Court Upholds Conviction for Murder Based on Circumstantial Evidence and Recovery of Dead Body Pursuant to Disclosure Statement. Section 106 of Indian Evidence Act, 1872 applied to hold accused liable for facts within their special knowledge.

The appeals arise from a common judgment of the Sikkim High Court maintaining the conviction and sentence of the appellants for the murder of Netai Mo...