Search Results for "Presumption"

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Long Incarceration and Right to Speedy Trial – Bail Granted. High Court of Judicature at Bombay emphasized the fundamental right to speedy trial under Article 21 of the Constitution of India, granting bail due to prolonged incarceration.

The Court acknowledged the Applicant’s long incarceration and the fundamental right to speedy justice. It noted that the case was based on circumsta...

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Acquittal in Dowry Death Case – Supreme Court Quashes Conviction for Lack of Evidence. Failure to Prove Cruelty or Harassment Soon Before Death – Acquittal of Husband in Dowry Death Case.

Section 304-B, Indian Penal Code, 1860 – Dowry Death – Essential Ingredients – Section 113-B, Indian Evidence Act, 1872 – Presumption of Dowry...

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Presumption of Legitimacy Cannot Be Displaced by Mere Allegations. The Supreme Court upheld the conclusive presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, rejecting a claim for maintenance based on disputed paternity.

Constitution of India – Article 21 – Right to privacy and dignity was violated when a DNA test was ordered without substantial evidence of non-acc...

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Supreme Court Acquits Chandrabhan Sudam Sanap – Prosecution Failed to Prove Guilt Beyond Reasonable Doubt. Failure of the prosecution to establish an unbroken chain of circumstantial evidence led to the acquittal of the accused in a case involving abduction, sexual assault, and murder.

Major Acts Discussed: Constitution of India, 1950 – Article 21 (Right to Life and Personal Liberty) Code of Criminal Procedure, 1973 – S...

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Supreme Court Restores State's Right to Levy Royalty on Minor Minerals. The state of Punjab is entitled to levy royalty on brick earth excavation, irrespective of ownership disputes.

The Supreme Court clarified the State Government's authority to levy royalty on the excavation of minor minerals under the Mines and Mineral (Regulati...

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Supreme Court Sets Aside Conviction in Dowry Harassment Case: Insufficient Evidence for Abetment of Suicide under IPC. Clarifies the distinction between presumptions under Sections 113A and 113B of the Evidence Act.

The appeal addressed the conviction of the appellant (brother-in-law) under Sections 306 and 498A of the Indian Penal Code (IPC) and Section 4 of the ...

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"Bombay High Court Sets Aside Conviction: Revisits Evidence and Allows Amicable Settlement in Family Dispute Under Section 326 IPC" "Justice Prevails: Revisional Jurisdiction Upholds Facts Over Presumption"

Criminal Law – Section 326 IPC – Conviction for Grievous Hurt – Revisional Jurisdiction Settlement Between Parties: The Court considered an a...

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Supreme Court Replaces Death Penalty with 25 Years Rigorous Imprisonment in Child Murder Case. Balancing Justice and Reformation in the "Rarest of Rare" Principle.

This judgment addresses the brutal murder and sexual assault of a four-year-old child. The appellant's conviction under IPC Sections 302, 364, 377, an...

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Grant of Bail in a UAPA Case: Supreme Court Balances Fundamental Rights with Statutory Restrictions. A measured verdict emphasizing due process, evidentiary thresholds, and the right to speedy justice under Article 21.

The Supreme Court of India granted bail to the appellant, Athar Parwez, booked under stringent sections of the IPC and UAPA, 1967, citing procedural d...