Search Results for "Burden of proof"

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Supreme Court Set Aside High Court’s Conviction Order – Mere Presence at the Scene of Crime Not Sufficient to Prove Unlawful Assembly. High Court erred in reversing the acquittal – No cogent evidence to establish participation in rioting – Conviction unsustainable in law

Unlawful Assembly Requires Participation – Mere presence in a riot-affected area does not automatically make a person part of the unlawful assembly ...

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Supreme Court Sets Aside NCDRC Order : No Privity of Contract Between Parties, Respondent Not a ‘Consumer’ Under Consumer Protection Act, 1986. Court Holds No Tripartite Agreement Proven, Respondent Not Entitled to Compensation Under Consumer Protection Act, 1986

Privity of Contract Essential for Consumer Status: The Court reiterated that for a person to qualify as a ‘consumer’ under the CPA, t...

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Supreme Court Acquitted Accused in Bribery Case Due to Lack of Proof Beyond Reasonable Doubt

Demand and Acceptance of Bribe Not Established – Conviction and Sentence Set Aside – Prosecution’s Case Collapsed Due to Inconsistent Evidence �...

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Bombay High Court Upholds Validity of 1996 Will, Awards Costs to Plaintiffs for Frivolous Opposition. Probate Granted for Last Will of Yashwantilika Narottamdas Dalal – Court Dismisses Allegations of Forgery and Undue Influence.

Execution of Will – The Plaintiffs sought probate of the Last Will and Testament of Yashwantilika Narottamdas Dalal, dated 12th December 1996. The ...

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Bombay High Court held that the entire amount of unverified purchases should be disallowed under Section 69C of the Income Tax Act, 1961, rejecting partial disallowance made by appellate authorities.

Income Tax Act, 1961 – Section 69C – Bogus Purchases – Profit Rate Determination – Full Disallowance – Validity of Tribunal’s Decision ...

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Supreme Court Acquitted Appellant Due to Lack of Conclusive Evidence Regarding Handwriting on Postal Cover — Convictions Set Aside. Insufficient Proof of Disputed Document — Prosecution’s Failure to Exhibit Primary Evidence Led to Acquittal

Failure to produce the original postal cover as primary evidence rendered the expert report inadmissible — Prosecution’s inability to prov...

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Supreme Court Set Aside Conviction Under Sections 120B and 411 IPC — Ordered Return of Seized Gold Bars to Appellant. Acquittal of Co-Accused Upheld — Failure to Prove Seized Gold Was Stolen Property — Reasonable Doubt Favored Accused

Constitution of India (COI) — Article 21 — Right to Fair Trial — Burden of Proof on Prosecution — Chain of Circumstances Must Be Complete. In...

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Supreme Court Reinstates Conviction in Wife’s Murder Case, Overturns High Court’s Acquittal. Tagline Child Witness’s Testimony Deemed Reliable; Circumstantial Evidence and Accused’s Silence Under Section 106 of Evidence Act Seal Conviction

Child Witness : Competency, Tutoring, Corroboration-The Supreme Court held that the testimony of a child witness is admissible if the child is c...

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Supreme Court Set Aside High Court Bail Order for Non-Compliance with Section 45 of Prevention of Money Laundering Act, 2002 (PMLA) – Appeal Allowed – Matter Remanded for Fresh Consideration.

Supreme Court Held That Bail Under PMLA Requires Mandatory Compliance with Twin Conditions Under Section 45 – High Court Order Granting Bail Set Asi...