22 July 2024

Search Results for Tag : 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


Notifications & Circulars

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


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


International Cases

Onus is on the prosecution to prove on a balance of probabilities that it was entitled to a forfeiture order(31.05.2022)

The issue before the SCA concerned the question of whether a Volkswagen 364 Scirocco motor vehicle with registration number FGC 937 MP (the vehicle) r.....

Tags : Unlawful activity, Proof, Onus


Applicant must establish, on balance of probabilities, that Respondent has committed an act of domestic violence(15.07.2022)

The Appellant brought an application for a protection order against the Respondent in terms of Section 4(1) of Domestic Violence Act, 1998 in the Bloe.....

Tags : Domestic violence, Protection, Proof


Burden to prove that ESTA applies in relation to a specific occupier rests on the occupier who invokes the application of the Act(29.04.2022)

The issue in present application for special leave to appeal is whether a community of about 300 people who occupied the Applicant’s property known as.....

Tags : Occupants, Onus, Proof


DoT aims to disconnect mobile connections taken fraudulently(23.05.2024)

Department of Telecommunications (DoT) has identified approximately 6.80 lakh mobile connections suspected to have been obtained using invalid, non-ex.....

Tags : Suspect connections, Re-verification, Proof of Identity


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



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


Kar. HC: Courts Must Accept Duly Sworn Affidavits Regarding Residential Proof of Child/Wife(20.07.2022)

Karnataka High Court has held that family courts shall accept the affidavit by wife and children indicating their place of residence away from matrimo.....

Tags : Karnataka High Court, Family Court, Residential Proof


Kerala High Court Upholds Constitutionality of Reverse Burden of Proof Under POCSO Act(12.11.2020)

Kerala High Court has upheld the constitutional validity of Sections 29 and 30 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act.....

Tags : Kerala High Court, Reverse Burden of Proof


Delhi HC: Burden of Proof Lies on Accused When Last Seen Together With Deceased(20.09.2022)

Delhi High Court has held that in a case where the accused is last seen together with the deceased, the prosecution is exempted to prove exact happeni.....

Tags : Delhi High Court, Last Seen, Burden of Proof


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


SC: Burden of Proof to Show Cheque Not Issued for Discharge of Any Debt on Accused(11.03.2021)

Supreme Court has reaffirmed that under the Negotiable Instruments Act (NI Act), 1881 the burden of proof is on the accused to show that a cheque was .....

Tags : Supreme Court, Burden of Proof


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


Orissa High Court Directs Immediate Satellite Proofing of Illegal Aquaculture(30.07.2021)

Orissa High Court has directed the immediate satellite proofing of illegal aquaculture, which is considered detrimental to wetland ecosystem, being ta.....

Tags : Orissa High Court, Immediate Satellite Proofing of Illegal Aquaculture


SC: In Disciplinary Proceeding, Question of Burden of Proof Would Depend Upon Nature of Charge(28.08.2023)

Supreme Court has held that in a disciplinary proceeding, the question of burden of proof would depend upon the nature of the charge and the nature of.....

Tags : Supreme Court, Disciplinary Proceeding, Burden of Proof


Del. HC: Liquidated Damages Mentioned in Agreement Can’t be Awarded in Absence of Proof of Loss(22.09.2023)

Delhi High Court has held that sum ascertained as liquidated damages in the contract is not in the nature of penalty, but is a pre-estimate of loss es.....

Tags : Delhi High Court, Liquidated Damages, Proof of Loss


SC: Merely Pointing Out the Lacunae in the Defendant’s Title Would Not Suffice in a Title Suit(22.11.2023)

Supreme Court while observing that in a dispute with respect to determination of title, merely pointing out the lacunae in the defendant’s title would.....

Tags : Supreme Court, Title, Burden of Proof


Ker. HC: Prosecution Duty Bound to Prove that There was Tamper Proof Despatch of the Sample(09.11.2023)

Kerala High Court has held that it is a duty of prosecution to prove that there was tamper proof despatch of the sample, to show that the sample taken.....

Tags : Kerala High Court, Sample, Tamper Proof


Gauhati HC: Can’t Shift Burden of Proof on Accused if Multiple Witnesses of Crime Present(28.02.2024)

Gauhati High Court has held that when the offence was allegedly committed in daylight in the presence of witnesses then by applying the provisions of .....

Tags : Gauhati High Court, Burden of Proof, Multiple Witnesses


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


Kerala HC: Onus of Proof of Will is on Propounder to Remove Suspicious Circumstances(07.03.2022)

Kerala High Court has ruled that if there exist suspicious circumstances surrounding the execution of the will, it is the onus of the propounder to re.....

Tags : Kerala High Court, Onus of Proof of Will


Karnataka High Court: Accused can’t be Morally Convicted by Trial Court in Absence of Legal Proof(17.04.2024)

Karnataka High Court while setting aside the conviction of life sentence imposed on accused, has observed that since the prosecution failed to establi.....

Tags : Karnataka High Court, Trial Court, Legal 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


SC: On Execution of Agreement to Sell and Payment of Advance, Vendee Not Required to Prove Further(15.04.2022)

Supreme Court has held that once the execution of agreement to sell and payment of advance substantial sale consideration is admitted by the vendor, t.....

Tags : Supreme Court, Execution of Agreement, Vendor, Vendee, 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


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


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


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


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


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


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


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


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


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


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


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


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


Court cannot step in and substitute the decision of the Corporation in administrative exigencies(24.07.2020)

The Petitioner has filed present writ petition seeking to set aside transfer order and to exempt him from rotational transfer on compassionate grounds.....

Tags : Transfer order, Malice, Proof


Offence under Section 138 of Negotiable Instruments Act will get attracted, if the debt is legally enforceable(20.06.2022)

The revision Petitioner is the accused on the file of the Judicial Magistrate, in a private complaint initiated under Section 138 of Negotiable Instru.....

Tags : Financial capacity, Debt, Proof


Once the prosecution had successfully established the chain of events, the burden is on the accused to prove it otherwise(20.05.2022)

Present appeals are directed against the judgment and order passed by the High Court. The High Court vide order impugned acquitted the daughter of th.....

Tags : Conviction, Legality, Burden of proof


Party can claim maintenance from the estate of husband under Section 19 of Hindu Adoption and Maintenance Act, 1956 only after demonstrating that she is unable to maintain herself(07.09.2020)

The Petitioner was blessed with two sons. Late Bhupinder was married to Respondent no. 1 on 12th December, 2004 and died on 21st May, 2015. Respondent.....

Tags : Maintenance, Eligibility, Proof


Mere writing a document by hand without execution and without compliance of the prescribed legal standards does not render it final, as a Will(08.08.2022)

By virtue of instant appeal, Appellant impugns the preliminary decree of partition and the final decree of partition passed by Learned Single Judge. L.....

Tags : Will, Execution, Proof


Unless the concurrent findings recorded by the lower courts were found to be perverse, the same are not required to be interfered with by the High Court(14.10.2022)

The Appellant– original Plaintiff instituted the suit against the Respondent – original defendant for recovery of Rs. 1 lakh. It was the case on behal.....

Tags : Pronote, Execution, Proof


When the finding of guilt recorded by the Inquiry Officer is based on perverse finding the same can always be interfered(15.02.2024)

The District Judge placed the appellant under suspension vide order and initiated a departmental inquiry. The Inquiry Officer vide memorandum served t.....

Tags : Termination, Charges, 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


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


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


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


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


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


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


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


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


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


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