13 July 2020

Search Results for Tag : Proof


Compensation for officer persecuted by Uttar Pradesh government(17.11.2015)

The Supreme Court awarded a former officer in the Indian Forest Service Rs. 10 lakhs for allegedly being falsely implicated by the incumbent governmen.....

Tags : Corruption, public service, persecution, proof


Delhi Juvenile Justice Rules not unconstitutional(19.11.2015)

The Delhi High Court rejected a petition calling the procedure for determining juvenility of an accused unconstitutional and in conflict with the law......

Tags : Juvenile, priority, proof, rules, variation


Compact Disc is a ‘document’ under Section 294 CrPC(24.11.2015)

The Supreme Court ruled that a Compact Disc (CD) is a document under Section 294 of the Code of Criminal Procedure, 1973 and courts were not required .....

Tags : proof, recording, admissibility, compact disc, document


No duty of Defendant to disprove Plaintiff’s unsubstantiated case(09.09.2015)

Plaintiff asserting illegal and in-operative deed for sale of land must prove as such and establish its own right, interest and possession over the la.....

Tags : Sale of land, burden of proof, plaintiff


What degree of proof to find brokers liable for fraudulent practices(23.02.2016)

The Supreme Court disposed off several appeals against the creation of artificial volumes by two brokers who matched volumes for related clients. The .....

Tags : Sebi, matched trading, proof, circumstantial


Mere handing over of currency notes not illegal gratification(12.04.2016)

Merely handing over money to a government official is insufficient to establish illegal gratification in the absence of proof of demand, the Supreme C.....

Tags : Illegal gratification, proof of demand


Proof of cruelty or harassment by husband or her relative or person charged is sine qua non to inspirit statutory presumption(18.11.2016)

Appellants, in-laws of deceased, being aggrieved by conversion of their acquittal into conviction by High Court under Sections 498A and 304B of Indian.....

Tags : Dowry death, Conviction, Proof


Bald allegation of fraud without proof would not render a decree obtained by a party as fraudulent(02.01.2017)

Appellant (represented by his legal representatives) is aggrieved by judgment passed by the High Court of Madhya Pradesh whereby his appeal has been d.....

Tags : Fraud, Allegation, Proof


Person, who claims title over property on strength of adverse possession is required to prove his case only against true owner of property(18.04.2017)

Dispute in instant Appeal relates to an agricultural land. Trial Court, by judgment/decree decreed Appellant's suit. It was held that, Appellant (Plai.....

Tags : Land, Ownership, Proof


Mere possession and recovery of currency notes from an Accused without proof of demand would not establish an offence(14.07.2017)

Appellant, heir of Mukhtiar Singh (since deceased) has carried this appeal to present Court against affirmation of his conviction under Sections 7 and.....

Tags : Illegal gratification, Proof, Conviction


Public servant facing charge of criminal misconduct is not liable to furnish any explanation in absence of proof of the allegation(09.08.2017)

Appellant seeks to overturn judgment rendered by High Court thereby affirming his conviction passed by Trial Court under Section 13(1)(e) read with Se.....

Tags : Conviction, Legality, Proof, Burden


For an FIR lodged by a deceased person to be treated as substantial, its contents must be proved(30.11.2017)

By present application under Article 227 of the Constitution of India, the Applicants - original accused persons call in question the legality and val.....

Tags : FIR, Contents, Proof


Burden of proving that, victim is not a bona fide passenger lies on Railways(19.12.2017)

In facts of present case, according to Appellant, the deceased used to travel in train by purchasing II class ticket and that they came to know from t.....

Tags : Bona fide, Burden of proof, Compensation


Present Court should not interfere in findings of fact recorded by the Labour Court, unless same are so perverse as to be completely against the materials on record before it(02.02.2018)

Instant writ petition has been filed by the Petitioner challenging the award and its notification dated 22nd August, 2015 passed by the Respondent Nos.....

Tags : Dismissal order, Charges, Proof


Suspicion howsoever strong cannot substitute proof(26.02.2018)

Present appeals are against the judgment passed by the learned Additional Sessions Judge arising out of FIR registered at Police Station ('PS'), convi.....

Tags : Conviction, Circumstantial evidence, Proof


In bribe cases, it is for the prosecution to prove demand and acceptance beyond reasonable doubt(02.03.2018)

The Appellants 1 & 2 were tried before the learned Assistant and Sessions Judge-cum-Chief Judicial Magistrate, on the allegation that, on 5th April, 2.....

Tags : Illegal gratification, Proof, Acquittal


Onus to prove medical negligence lies largely on the complainant and that this onus can be discharged by leading cogent evidence(19.03.2018)

In facts of present case, the Complainants' (Nos. 1 & 2) son, met with bike accident. Immediately he was admitted in Sterling Hospital (OP) at Rajkot......

Tags : Complaint, Medical negligence, Proof


There must be in existence, proximate live link between facts of cruelty in connection with demand of dowry and death in order to attract Section 304B of IPC(22.02.2019)

Present appeals have been preferred by the State and the father of the victim, challenging the judgment passed by the Special Additional Sessions Judg.....

Tags : Acquittal, Cruelty, Proof


In absence of any pleadings and evidence that, pujari built the temple, same cannot be claimed as private temple(27.02.2019)

Present appeal arises out of the judgment passed by the High Court in and by which the High Court dismissed the Second Appeal thereby affirming the fi.....

Tags : Temple, Ownership, Proof


Presumptive inference and analysis provided by Informant cannot be basis for forming a prima facie opinion as to order investigation(22.03.2019)

Present information has been filed by Informant under Section 19(1)(a) of the Competition Act, 2002 alleging contravention of the provisions of Secti.....

Tags : Investigation, Evidence, Proof


Mere presence of a body on railway premises will not be conclusive to hold that, injured or deceased was a bona fide passenger for compensation claim(09.04.2019)

The Applicant has filed present claim petition under Section 16 of the Railway Claims Tribunal Act, 1987 seeking compensation for an amount of Rs. 4,0.....

Tags : Cause of death, Proof, Compensation, Entitlement


Right of private defence is not available, when assailants are unarmed(23.04.2019)

The challenge in the present appeal is to an order passed by the High Court maintaining conviction for offences under Sections 302 and 324 of Indian P.....

Tags : Conviction, Validity, Private defence, Proof


Onus of proving medical negligence and resultant deficiency in service is on complainant(08.05.2019)

Present complaint has been filed before this Commission under Section 17 of the Consumer Protection Act 1986 by Smt. Sunita Kumar and another, residen.....

Tags : Compensation, Negligence, Proof


Wilful conduct which is likely to drive the woman to commit suicide is necessary for conviction under Section 498A of IPC(18.07.2019)

In facts of present case, FIR was registered on the statement of PW-11, the mother of the deceased. A charge sheet was filed. Later, charges were fram.....

Tags : Conviction, Legality, Dowry demand, Proof


Proof of rashness and negligence on part of driver of vehicle is sine qua non for maintaining a claim petition(12.04.2018)

In instant case, The Appellant filed a claim petition under Section 166 of the Motor Vehicle Act,1988 on account of multiple grievous injuries sustain.....

Tags : Compensation, Grant, Proof, Negligence


No presumption can be absolute; every presumption is rebuttable(25.06.2018)

The Appellant has challenged his conviction under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Sections 452 .....

Tags : Conviction, Proof, Validity


Once factum of existence of legal necessity stood proved, no co-coparcener (son) has a right to challenge sale made by Karta of his family(20.08.2018)

Present appeal is filed by the legal representatives of the original Plaintiff against the final judgment passed by the High Court. By impugned order,.....

Tags : Sale, Legal necessity, Proof


Undervaluation has to be proved; if charge of undervaluation cannot be supported either by evidence or information about comparable imports, benefit of doubt must go to importer(10.12.2018)

The issue raised in present appeals pertains to the transaction value/assessable value in respect of imported Aluminum Scrap, which was imported by th.....

Tags : Invoice price, Undervaluation, Proof


Standard of proof requires proof that it was accused alone who had committed offence(26.12.2018)

In instant matter, the learned Trial Court after recording evidence and evaluating the same convicted the Petitioner under Sections 279, 337 and 338 o.....

Tags : Conviction, Legality, Standard of proof


When enactment enjoins that any evidence would be treated as conclusive proof, law would forbid other evidence to be adduced for contradicting aforesaid conclusiveness(22.01.2019)

The Respondent herein filed a petition in the Forest Tribunal, under Section 8 of the Kerala Private Forests (Vesting and Assignment) Act, 1971 ('the .....

Tags : Land, Title, Proof


Marks given by Interview Committee are not subject to judicial review unless malafides or extraneous considerations are established(16.03.2020)

In present matter, aggrieved by the selection of the private Respondents No. 3 to 18 as Peon/Orderly/Chowkidar, the Petitioners have fled the instant .....

Tags : Appointment, Malafide, Proof


Notifications & Circulars

Government Contracts World Class Bullet Proof Jackets for Army Under 'Make In India' Initiative(09.04.2018)

A major contract through capital procurement route, for procurement of 1,86,138 Bullet Proof Jackets (BPJs) has been signed. The impending requirement.....

Tags : Jackets, Bullet proof, Contract


Acceptance of e-BRC of DGFT Towards Proof of Realization of Sale Proceeds for Exports with LEO Date Upto 31.03.2014 under Drawback Scheme(28.02.2017)

Attention is invited to Board's Circular No. 5/2009-Customs dated 2.2.2009 which prescribes Bank Realization Certificate (BRC) as one of the documents.....

Tags : Acceptance, E-brc, Proof, Sale proceeds



Chhattisgarh High Court: Medical Evidence Not a Conclusive Proof(16.12.2016)

Chhattisgarh High Court has ruled that medical evidence is never conclusive and can be acted upon only when necessary and adequate corroboration is av.....

Tags : Chhattisgarh High Court, Conclusive Proof , Medical Evidence


Proof Of Grievous Hurt Not Necessary for Conviction Under Section 307 IPC: SC(05.02.2019)

Supreme Court has observed that proof of grievous or life-threatening hurt is not a sine qua non for the offence under Section 307 [Attempt to Murder].....

Tags : Supreme Court, Proof Of Grievous Hurt


Apex Court: Reverse Onus of Proof Does not Exonerate Prosecution from Establishing Prima Facie Case(29.08.2019)

Apex Court has observed that though Narcotic Drugs and Psychotropic Substances Act, 1985 carries reverse onus of proof it does not exonerate the prose.....

Tags : Apex Court, Onus of Proof


Supreme Court Clarifies Burden of Proof Ordinarily Rests on Those who Attack Deed(19.09.2019)

Supreme Court has clarified that the burden of proof rests ordinarily on those who attack the deed.

Tags : Supreme Court, Burden of Proof


Gauhati HC: Land Revenue Receipts, PAN Card and Bank Documents Do Not Prove Citizenship(17.02.2020)

Gauhati High Court has observed that land revenue paying receipts do not prove citizenship of a person. The Court has further observed that Permanent .....

Tags : Gauhati High Court, Proof for Citizenship


Gauhati HC: School Certificate Not Proof of Citizenship Unless Proved by Testimony of Headmaster(26.02.2020)

Gauhati High Court has upheld held that the documents as proof of citizenship, such as school certificates, should be proved by the testimony of the i.....

Tags : Gauhati High Court, Proof of Citizenship


Gauhati HC: Proof Beyond All Reasonable Doubt Not Needed in Foreigners Tribunal(02.03.2020)

Gauhati High Court has observed that proof beyond all reasonable doubt is not needed in Foreigners Tribunal for establishing citizenship, while allowi.....

Tags : Gauhati High Court, Proof Beyond All Reasonable Doubt


International Cases

While an appeal to Court of Appeal is by way of rehearing, a trial judge’s findings of fact should not be overturned simply because Court of Appeal would have found them differently(05.12.2018)

Present appeal is about the burden of proof in actions against a shipowner for loss of or damage to cargo. The six claimants were the owners and bill .....

Tags : Consignment, Damage to cargo, Burden of proof


Blast from the Past

Not requiring wilful defaulters to snitch on themselves(25.01.1995)

Wilful default - alleging the debtor to have failed paying his or her debts despite the presence of funds - a last resort it may be for the lender, re.....

Tags : Willful default, burden of proof, means