Search Results for "Section 114 Evidence Act"

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Search Results for "Section 114 Evidence Act"

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Supreme Court

Supreme Court Allows Appeal in Permanent Injunction Suit — Lawful Possession Established Despite Title Not Being in Issue. The Court held that in a suit for injunction, proof of lawful possession suffices and title need not be proved unless specifically in issue, and that official documents over 30 years old are admissible under Section 90 of the Evidence Act.

14 Dec 2020

The appeal arises from a suit for permanent injunction filed by the appellants (plaintiffs) against the respondents (defendants) in 1974, alleging att...

Supreme Court

Supreme Court Allows Appeal in Will Dispute Case — High Court's Reversal of Trial Court's Preliminary Decree Set Aside. Registered Will Fails to Meet Attestation Requirements Under Section 63(c) of Indian Succession Act, 1925 and Section 68 of Evidence Act, 1872.

17 Dec 2019

The case concerns a dispute over a tenement originally allotted to Suhagwanti Devi, the wife of late Harbans Lal, under a redevelopment scheme. After ...

Supreme Court

Supreme Court Allows Partition Appeal in Thiyya Family Dispute — Presumption of Marriage and Legitimacy Upheld Based on Long Cohabitation. Law leans in favour of legitimacy and frowns upon bastardy; presumption under Section 114 of Indian Evidence Act, 1872 arises from long cohabitation and is rebuttable only by clear evidence.

13 Jun 2022

The case involves a dispute over partition of ancestral property belonging to a Thiyya family governed by Mitakshara law. The appellants (plaintiffs) ...

High Court

Bombay High Court Upholds Life Sentence for Dacoity and Murder in Nagpur Bench. Conviction under Section 396 read with Section 397 IPC confirmed based on identification evidence and recovery of stolen property.

17 Feb 2015

The appellant, Sanjay @ Papdya @ Pawan @ Prashant @ Rahul Kale @ Pawar Bhosale @ Chavhan, was convicted by the Extra Joint (Ad hoc) Additional Session...

High Court

Bombay High Court Allows Partition Appeal in Joint Family Property Dispute — Adverse Inference Drawn for Non-Appearance of Defendant. The court restored trial court's decree for partition and mesne profits, holding that failure of defendant to enter witness box leads to presumption that his case is false under Section 114 of Indian Evidence Act, 1872.

28 Apr 2014

The appellants, legal heirs of Mahadev Supare, filed a suit for partition and mesne profits against the respondent, Haribhau Supare, claiming that the...

High Court

Bombay High Court Dismisses Revision Against Conviction for Theft and House-Trespass — Presumption Under Section 114 Evidence Act Upheld Based on Recent Possession of Stolen Articles. The accused was convicted under Sections 380 and 457 IPC for night-time theft of gold ornaments and cash, and the courts below correctly invoked the presumption of recent possession under Section 114 of the Indian Evidence Act, 1872.

14 Jan 2019

The case involves a criminal revision application filed by Imran Khan @ Banti Noorkha Pathan (the accused) against his conviction by the Judicial Magi...

High Court

Bombay High Court Acquits Accused in Murder Case Due to Lack of Direct Evidence and Unreliable Circumstantial Evidence. Conviction under Sections 302, 394, 449 IPC Set Aside as Chain of Circumstances Incomplete.

9 Apr 2010

The appellant, Ananda Genu Rajapure, was convicted by the 3rd Additional Sessions Judge, Satara in Sessions Case No. 220 of 1990 for the murder of Cha...

High Court

High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement of Sale Proved by Preponderance of Probabilities; Defendant Failed to Rebut Presumption Under Section 114 of Indian Evidence Act, 1872.

6 Feb 2014

The appellant, Marigouda Chanabasappa Marigoudar, was the defendant in a suit for specific performance of contract filed by the respondents (plaintiff...

High Court

Bombay High Court Allows Family Pension to Second Wife in Absence of Valid Divorce or Proof of First Marriage Subsisting at Time of Second Marriage — Presumption of Marriage Under Section 114 of Indian Evidence Act, 1872 Applied. The court held that long cohabitation raises a presumption of marriage, and the burden to rebut it lies on the state, which was not discharged.

16 Feb 2022

The petitioner, Smt. Shamal Mahadeo Tate, filed a writ petition before the Bombay High Court seeking family pension as the second wife of the deceased...

Supreme Court

Supreme Court Allows Appeal by Accused in Dacoity Case, Converts Conviction to Section 411 IPC Based on Insufficient Presumption. Recovery of Stolen Cloth from Cloth Merchant Not Sufficient to Infer Participation in Dacoity Under Illustration (a) of Section 114 Evidence Act, 1872.

15 Oct 1969

The case arose from a dacoity in which cloth, ornaments, and cash were stolen from a shop. The appellant, Sheo Nath, was a cloth merchant whose house ...

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