Search Results for "Presumption"

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Supreme Court Acquits Accused in Dowry Death Case Due to Unreliable Witnesses and Contradictions. Presumption Under Section 113B of Evidence Act Not Triggered as Prosecution Failed to Prove 'Soon Before' Cruelty.

The case pertains to the death of Ishwari Devi, who died by burning herself on 05.06.1991, within 1.5 years of her marriage. The appellants, her husba...

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Supreme Court Allows Appeal in Property Dispute, Holds Sale Deed as Absolute Conveyance Not Mortgage. Separate Agreement for Reconveyance Cannot Convert Sale into Mortgage Under Section 58(c) of Transfer of Property Act, 1882.

The dispute arose from a transaction involving agricultural land measuring 6 acres 2 guntas in Survey No.2/A. The plaintiff (respondent) had taken fin...

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Supreme Court Dismisses Appeal in Joint Hindu Family Partition Case — Properties Purchased in Eldest Son's Name Held to be Joint Family Assets. Burden of Proof Shifts to Member Claiming Self-Acquisition Once Joint Family Nucleus is Established.

The present appeal arises from a suit for partition filed by respondent No.1 (original plaintiff) against the appellant (defendant No.1), respondent N...

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Supreme Court Dismisses Union of India's Appeal in Assam Rifles Corruption Case. The Court held that the General Assam Rifles Court cannot try an offence under Section 7 of the Prevention of Corruption Act, 1988, as the Assam Rifles Act, 2006 is not exempted under Section 25 of the PC Act.

The case involves an appeal by the Union of India against a judgment of the Guwahati High Court which held that the General Assam Rifles Court (GARC) ...

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Supreme Court Dismisses Appeal by Purchaser Against High Court Decision That Compromise Decree Does Not Bind Coparceners. Property Reacquired by Coparceners Through Court Decree Retains Joint Family Character, Requiring Consent of All Coparceners for Valid Compromise Under Hindu Law.

The Supreme Court dismissed an appeal against the High Court's judgment which declared that a compromise decree dated 25 March 1976, entered into betw...

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Supreme Court Dismisses Appeal in Partition Suit, Upholds Concurrent Findings of Trial Court and High Court. Property Purchased in Wife's Name Held to be Joint Family Property Based on Evidence of Contribution from Husband's Ancestral Funds.

The case involves a partition suit filed by Rajeswari and others (plaintiffs) against Mangathai Ammal and others (defendants) concerning properties cl...

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Supreme Court Allows Appeal in Cheque Dishonour Case: Successive Legal Notices Permissible Under Section 138 of Negotiable Instruments Act. Delay in Filing Complaint Condoned as Sufficient Cause Shown.

The dispute arose from two cheques drawn on the State Bank of India for Rs 36,00,000 and Rs 13,00,000, which were dishonoured and returned unpaid unde...