Search Results for "Non-examination of witness"

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Search Results for "Non-examination of witness"

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High Court

Gujarat High Court Allows Appeal in Property Dispute Case Due to Non-Examination of Key Witness and Adverse Inference Under Section 114(g) of Evidence Act. Sale Deed in Favour of Plaintiffs Proved Valid, Subsequent Transfers by Vendor After Losing Title Held Void.

9 Mar 2026

The present First Appeal under Section 96 of the Code of Civil Procedure, 1908, was filed by the appellants-original plaintiffs challenging the judgme...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Sets Aside Award Due to Lack of Evidence of Negligence by Jeep Driver. Claimants failed to prove that the Tavera Jeep driver was negligent, as the criminal case was registered against the deceased motorcycle rider and no independent witness supported the claimants' version.

6 Nov 2023

The case involves an appeal by the National Insurance Company Ltd. against the judgment and award dated 11.04.2022 passed by the Motor Accident Claims...

Supreme Court

Supreme Court Upholds Conviction of Four Accused in Murder Case Arising from Unlawful Assembly — Constructive Liability Under Section 149 IPC Applied Despite No Separate Charge Under Section 141 IPC. The court held that the common object to murder the deceased was established by the evidence of injured eyewitnesses and medical reports, and the non-examination of a peripheral witness did not vitiate the trial.

6 Aug 2019

The Supreme Court dismissed the appeals filed by Vidhya Rattan, Rajesh Jogi, Suresh, and Dev Karan, upholding their conviction and life sentences for ...

Supreme Court

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.

14 Feb 2019

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...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Reverses Acquittal for Non-Examination of Complainant's Witness. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused; trial court erred in acquitting solely due to non-examination of complainant's power of attorney holder.

31 Jan 2019

The appellant, M/s. Ajmera Housing Corporation, a partnership firm, filed a complaint under Section 200 of the Code of Criminal Procedure, 1973 agains...

High Court

Bombay High Court Dismisses Tenant's Revision, Upholds Eviction for Landlord's Bonafide Need of Grandson in Rent Control Case. Non-examination of Grandson Not Fatal as Landlord's Testimony Sufficient to Establish Family Business Expansion Requirement.

29 Jun 2016

The case involves a civil revision application filed by the tenant, Shyamsundar Chandmal Zanwar, against the concurrent eviction decrees passed by the...

High Court

Bombay High Court Acquits Accused in Cheque Dishonour Case Due to Non-Examination of Complainant's Witness — Failure to Prove Legally Enforceable Debt Under Section 138 of Negotiable Instruments Act, 1881. The court held that the presumption under Section 139 is rebuttable and the accused successfully rebutted it by showing the complainant did not prove the loan.

26 Sep 2012

The petitioner, Avinash Lokhande, was the original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by the resp...

High Court

Bombay High Court Upholds Conviction for Rape of Minor in Sugarcane Field — Testimony of Prosecutrix Found Credible Despite Minor Inconsistencies. The court held that the sole testimony of the prosecutrix, if trustworthy, is sufficient to convict under Section 376 IPC, and non-examination of a cousin or minor contradictions do not discredit the prosecution case.

30 Mar 2012

The appellant, Anil Kisan Barde, was convicted by the Additional Sessions Judge, Baramati, for the offence of rape under Section 376 of the Indian Pen...

High Court

Bombay High Court Dismisses Employer's Petition Challenging Labour Court Order Granting Wage Difference to Employee Under Section 33C(2) of Industrial Disputes Act. Employer's Failure to Lead Evidence Results in Adverse Inference.

11 Sep 2006

The petitioner, the Dairy Manager of Government Milk Scheme, Gondia, challenged the orders passed by the Labour Court, Bhandara, in proceedings under ...

High Court

Bombay High Court Acquits Appellants in Murder Case Due to Lack of Credible Evidence and Non-Examination of Key Witnesses. Conviction under Sections 302 and 307 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

5 Apr 2005

The case involves two appeals by Sukumar Raju Mandal and Vikas Singh Sapan Singh against their conviction by the Sessions Judge in Sessions Case No.12...

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