Search Results for "Presumption"

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Supreme Court Acquits Accused in Corruption Case Due to Lack of Proof of Demand. Conviction under Prevention of Corruption Act cannot be sustained when primary evidence of demand is absent due to complainant's death and no other reliable evidence establishes demand.

The Supreme Court allowed the appeal of Mrs. Neeraj Dutta, an LDC in Delhi Vidyut Board, who was convicted under Sections 7 and 13(1)(d) read with Sec...

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Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...

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Supreme Court Upholds Death Sentence for Rape and Murder of Minor Girl in POCSO Case. Conviction under Sections 302, 376(2)(f), 377, 363, 364, 367, 201 IPC and POCSO Act affirmed based on DNA evidence and circumstantial evidence.

The case pertains to the kidnapping, rape, unnatural sex, and murder of a 5-year-old girl by her neighbor, the appellant Dattatraya @ Datta Ambo Rokad...

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Supreme Court Acquits Appellants in Murder Case Due to Lack of Evidence of Common Intention. The court held that mere catching hold of the victim without any overt act or recovery does not establish common intention under Section 34 IPC.

The Supreme Court allowed the appeal of accused nos. 3 and 4 (Ezajhussain Sabdarhussain and another) against their conviction under Section 302 read w...

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Supreme Court Upholds Conviction Under Section 302 IPC for Fatal Head Injury Despite Acquittal of Co-Accused. The Court held that the sole eyewitness testimony, corroborated by medical evidence and recovery, was sufficient to sustain the conviction for murder.

The case involves an appeal by Kripal Singh against his conviction under Section 302 IPC for the murder of Yashwant. The incident occurred on 28 July ...

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Supreme Court Commutes Death Sentence to Life Imprisonment in Rape and Murder Case — Review Petition Allowed in Open Court. Court Holds That Life Imprisonment Is the Rule and Death Sentence an Exception, and Mitigating Circumstances Must Be Considered Even in Heinous Crimes.

The Supreme Court of India heard a review petition filed by Md. Mannan @ Abdul Mannan, who had been convicted for the rape and murder of an eight-year...

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Supreme Court Restores Compensation in Motor Accident Claim — Bus Driver's Negligence Established by Preponderance of Probabilities. Non-examination of Pillion Rider Not Fatal to Claim Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 28 October 2011, when Sitaram, a senior government school teacher, was riding a motorcycle with a pillion rid...

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Supreme Court Upholds Levy of Sewerage Cess on Industrial Unit Discharging Effluents Through Common Treatment Plant into Board's Sewer System. Section 55 of HMWS&S Act, 1989 imposes cess irrespective of direct connection, and proviso applies only when area is not served by any sewerage system.

The appellant, Vasant Chemicals Limited, an amalgamated company manufacturing dye intermediates, obtained bulk water supply from the Hyderabad Metropo...