Search Results for "burden of proof"

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Search Results for "burden of proof"

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Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Insufficient Evidence and Unreliable Confession. Conviction under Section 302 read with Section 34 of Indian Penal Code, 1860, set aside as prosecution failed to prove guilt beyond reasonable doubt based on confession and circumstantial evidence.

30 Sep 2022

The Supreme Court of India heard criminal appeals filed by four appellants challenging their conviction for murder under Section 302 read with Section...

Supreme Court

Supreme Court Reinstates Prosecution of Public Servant and Spouse in Prevention of Corruption Act Case for Disproportionate Assets. High Court's Discharge Order Quashed as It Erred in Re-appreciating Evidence at Charge Framing Stage Under Section 239 CrPC, Failing to Consider Prima Facie Case Based on FIR and Charge Sheet Materials.

5 Sep 2022

The Supreme Court heard appeals by the State of Tamil Nadu against the Madras High Court's judgment discharging a public servant and his wife from pro...

Supreme Court

Supreme Court Upholds Disqualification of MLA for Voluntarily Giving Up Party Membership Based on Newspaper Reports and Lack of Specific Denial. Speaker's reliance on newspaper reports and photographs held sufficient to infer voluntary abandonment of party membership under Tenth Schedule.

8 Dec 2021

The appellant, Shri Kshetrimayum Biren Singh, was elected as a Member of the Manipur Legislative Assembly in March 2017 as a candidate of the Indian N...

Supreme Court

Supreme Court Upholds State's Vesting of Private Forest Land Under Kerala Private Forests (Vesting and Assignment) Act, 1971. The court affirmed the tribunal's rejection of the claimant's exemption plea due to insufficient evidence of principal cultivation as plantation under Section 2(f) of the Act.

29 Oct 2021

The appeal arose from a dispute over the vesting of land under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The respondent, Popular ...

Supreme Court

Supreme Court Acquits Accused in Kerala Abkari Act Case Due to Insufficient Evidence and Procedural Lapses. Conviction under Section 55(a) for illegal transport of spirit set aside as prosecution failed to prove ownership of truck and reliable identification of accused beyond reasonable doubt.

22 Oct 2021

The Supreme Court of India heard criminal appeals arising from convictions under Section 55(a) of the Kerala Abkari Act for illegally transporting 609...

Supreme Court

Supreme Court Acquits Accused in Kerala Forest Act Case Due to Lack of Evidence and Statutory Interpretation. Sandalwood Oil Not Classified as Forest Produce Under Section 2(f), and Prosecution Failed to Prove Illicit Removal from Reserve Forest as Required Under Section 27(1)(d).

6 Oct 2021

The appeal arose from a criminal conviction under the Kerala Forest Act, 1961, involving the appellant, a partner in a firm manufacturing and trading ...

Supreme Court

Supreme Court Quashes DNA Test Order in Property Dispute, Upholds Plaintiff's Right to Refuse Test. The court held that DNA test cannot be directed as a matter of routine, presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872 requires strong preponderance to rebut, and plaintiff's evidence including affidavits showing admission by defendants could suffice without DNA test.

1 Oct 2021

The dispute arose from a civil suit filed by the appellant, Ashok Kumar, seeking a declaration of ownership over property left by late Trilok Chand Gu...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Insufficient Circumstantial Evidence and Failure to Establish Chain of Circumstances. Conviction under Sections 302 and 201 of Indian Penal Code, 1860 set aside as prosecution relied solely on post-mortem report without corroborative evidence and other family members were present during incident.

14 Sep 2021

The Supreme Court considered a criminal appeal challenging the conviction of the appellant for offences under Sections 302 (murder) and 201 (causing d...

Supreme Court

Supreme Court Quashes Medical Negligence Finding Against Doctor and Hospital in Consumer Dispute - Reverses NCDRC Order Due to Lack of Evidence. The Court held that the complainant failed to provide sufficient material or medical evidence to establish negligence under the Consumer Protection Act, 1986, as mere unfavorable outcome or untoward incident does not per se constitute negligence.

7 Sep 2021

The dispute arose from a consumer complaint alleging medical negligence against a doctor and a hospital following the death of a patient after a secon...

Supreme Court

Supreme Court Dismisses Contempt Petition for Alleged Wilful Disobedience of Order to Vacate Premises — Failure to File Undertaking and Pay Dues Not Contempt as Substantive Compliance Achieved.

6 May 2020

The contempt petition was filed by Hukum Chand Deswal (petitioner) against Satish Raj Deswal (respondent) alleging wilful disobedience of the Supreme ...

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