The court held that the burden of proof lies on the appellant Anil since all that was required of the him was to explain the unusual situation, namely, of the unnatural death of his wife in their room, but he made no attempt to do this. Under Section..
The court held that merely because an expert has tendered an opinion while also furnishing the basis of the opinion and that too without being conclusive and definite, it cannot be said that he has committed perjury so as to help somebody...
In the result, the appeal is allowed and the judgment and decree dated 29-7-1993 passed by the learned 1st Additional Judge, City Civil Court, Hyderabad, in O.S. No. 754 of 1983, are hereby set aside. In sequel thereto, the suit stands dismissed. The..
The Judge allowed this appeal and stated that the if any map or plan is made for the purpose of any cause, the said map or plan will have to be proved to be accurate. The onus of proving such map as accurate lies on the party who wants to rely on the..
Stating that, “a confession must either admit in terms the offence or at any rate substantially all the facts which constitute the offence. An admission of a gravely incriminating fact, even a conclusively incriminating fact is not in itself a confes..
Where a sale deed for its immovable property executed by a company in favour of the wives of the directors of the company, is contended to be bogus and collusive, theCourt will be justified in piercing the veil of incorporation to ascertain the true ..
Concerning the question of burden of proof, the Court observed that the Respondents furnished only an affidavit and no other evidence was adduced to support their contentionthat they worked for 240 days in the year preceding the termination, as per S..
The bench was of the view that the prosecution has miserably failed to prove, beyond reasonable doubt, the charge of conspiracy against these appellants with the aid of Section 120-B of IPC. As a result, the appeals were allowed and the impugned judg..
In view of the credible and cogent evidence of PW1 and the dying declaration, we find no merit in the present appeal which deserves dismissal, which we direct...
The Court was satisfied with the series of circumstantial evidences and held that the extra judicial confession made by the appellant was proved beyond doubt by the prosecution. The oral statement made by the accused was admissible under Section 17 ..
It was also observed that, even though it has been argued by the Appellant that he was not present at the time of the incident, no plea has been raised and no evidence has been furnished by him support his alibi. The burden of proof to prove his plea..
In a fresh development, the Supreme Court just recently on June 18, 2020 in a latest, landmark and extremely laudable judgment titled Surendra Kumar Bhilawe vs The New India Assurance Company Limited in Civil Appeal No. 2632 of 2020 (Arising out of S..
After hearing the views of the parties, the honourable city civil judge (the trial court) dismissed the petition for divorce by mutual agreement. In an appeal filed by the husband, a learned single judge of the Gujarat High Court, examined all releva..
Section 125 CrPC, is a measure of social justice and has been specifically adopted to protect women and children falls within the constitutional sweep of Article 15(3) reinforced by Article 39...
According to S. 57, if a person is arrested and detained the investigation is to be completed in 24 hours. But, in a case where an investigation cannot be completed in this fixed time period and, there exists sufficient ground for believing that the ..
An inquiry under Section 202 of the Code is not in the nature of a trial for there can be in law only after process is issued to the accused. The said proceedings are not strictly proceedings between the complainant and the accused. A person against ..
In a fresh and interesting development, the Delhi High Court just recently on May 26, 2020 in a notable judgment titled Court On Its Own Motion vs State Of NCT Of Delhi & Ors in W.P.(C)3250/2020 after taking suo motu cognizance of the grievances face..
In a fresh, welcome and interesting development, the Supreme Court has just recently on July 6, 2020 in a latest, landmark and extremely laudable judgment titled Reepak Kansal vs. Secretary-General, Supreme Court Of India & Ors. in Writ Petition (Civ..
It is good to see that the Supreme Court just recently on June 18, 2020 in a latest, landmark and laudable judgment titled Subhash Sahebrao Deshmukh vs Satish Atmaram Talekar And Others in Criminal Appeal No. 2183 of 2011 has reiterated yet once agai..
Whether there was a need to consider settled law and guidelines with regard to prevention of sexual harassment at workplace?..