Burden of Proof

Supreme Court acquits accused in rape case due to insufficient evidence of prosecutrix’s age: Manak Chand vs. State of Haryana (2023) INSC 959

/ Admissibility of Evidence, Burden of Proof, Criminal Law, Criminal Procedure, Evidence Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 376, Offences Against Women, Rape

Supreme Court acquits accused in rape case due to insufficient evidence of prosecutrix’s age: Manak Chand vs. State of Haryana (2023) INSC 959 LEGAL ISSUE: Whether the prosecution successfully proved that the prosecutrix was a minor at the time of the alleged offense, thus making her consent immaterial. CASE TYPE: Criminal Law, specifically rape under […]

Supreme Court acquits accused in rape case due to insufficient evidence of prosecutrix’s age: Manak Chand vs. State of Haryana (2023) INSC 959 Read Post »

Supreme Court overturns conviction based on ‘last seen’ theory in murder case: R. Sreenivasa vs. State of Karnataka (2023)

/ Burden of Proof, Evidence Act, 1872, Evidence Act, 1872 with Section 106, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 201, Indian Penal Code, 1860 with Section 302, Offences Against Human Body

Supreme Court overturns conviction in murder case: R. Sreenivasa vs. State of Karnataka (2023) Date of the Judgment: September 6, 2023 Citation: 2023 INSC 803 Judges: Vikram Nath, J., Ahsanuddin Amanullah, J. Can a conviction for murder be sustained solely on the basis of the ‘last seen’ theory, especially when there are inconsistencies in the

Supreme Court overturns conviction based on ‘last seen’ theory in murder case: R. Sreenivasa vs. State of Karnataka (2023) Read Post »

Supreme Court Acquits Accused in Murder Case Due to Doubtful Eyewitness Testimony: Sita Ram vs. State of Uttar Pradesh (2023) INSC 364

/ Abhay S. Oka, Burden of Proof, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 161, Criminal Law, Criminal Procedure, Eyewitness Testimony, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 325, Indian Penal Code, 1860 with Section 34, Judges, Pankaj Mithal

Supreme Court Acquits Accused in Murder Case Due to Doubtful Eyewitness Testimony: Sita Ram vs. State of Uttar Pradesh (2023) INSC 364 LEGAL ISSUE: Whether the testimony of eyewitnesses whose statements are inconsistent and who have a prior enmity with the accused can be relied upon for conviction in a murder case, especially when independent

Supreme Court Acquits Accused in Murder Case Due to Doubtful Eyewitness Testimony: Sita Ram vs. State of Uttar Pradesh (2023) INSC 364 Read Post »

Supreme Court clarifies burden of proof for Input Tax Credit under Karnataka VAT Act: State of Karnataka vs. M/s Ecom Gill Coffee Trading Private Limited (2023) INSC 208 (13 March 2023)

/ Burden of Proof, C.T. Ravikumar, Input Tax Credit, Judges, Karnataka Value Added Tax Act, 2003, Karnataka Value Added Tax Act, 2003 with Section 70, M.R. Shah

Supreme Court Clarifies Input Tax Credit Claims Under Karnataka VAT Act Date of the Judgment: 13 March 2023 Citation: (2023) INSC 208 Judges: M.R. Shah, J. and C.T. Ravikumar, J. Can a purchasing dealer claim Input Tax Credit (ITC) merely by producing invoices and payment records, or is there a higher burden of proof? The

Supreme Court clarifies burden of proof for Input Tax Credit under Karnataka VAT Act: State of Karnataka vs. M/s Ecom Gill Coffee Trading Private Limited (2023) INSC 208 (13 March 2023) Read Post »

Supreme Court Acquits Accused in Murder Case Due to Lack of Evidence: Ram Pratap vs. State of Haryana (2022)

/ B.R. Gavai, Burden of Proof, Circumstantial Evidence, Criminal Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, Vikram Nath

Supreme Court Acquits Accused in Murder Case Due to Lack of Evidence: Ram Pratap vs. State of Haryana (2022) LEGAL ISSUE: Whether the conviction of an accused can be sustained solely on circumstantial evidence without establishing a complete chain of circumstances beyond reasonable doubt. CASE TYPE: Criminal Law Case Name: Ram Pratap vs. State of

Supreme Court Acquits Accused in Murder Case Due to Lack of Evidence: Ram Pratap vs. State of Haryana (2022) Read Post »

Supreme Court Upholds Conviction in 1980 Murder Case: Karan Singh vs. State of Uttar Pradesh (2022)

/ Burden of Proof, Evidence Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Indira Banerjee, Judges, Offences Against Human Body, V. Ramasubramanian, Witness Testimony

Supreme Court Upholds Conviction in 1980 Murder Case: Karan Singh vs. State of Uttar Pradesh (2022) LEGAL ISSUE: Whether the conviction of the appellant for murder and other offenses was justified based on the evidence presented, despite some discrepancies in witness testimonies and lack of weapon recovery. CASE TYPE: Criminal Case Name: Karan Singh vs.

Supreme Court Upholds Conviction in 1980 Murder Case: Karan Singh vs. State of Uttar Pradesh (2022) Read Post »

Supreme Court Clarifies “Deputation” in Employment Contracts: Sarita Singh vs. Shree Infosoft (2022)

/ A.S. Bopanna, Burden of Proof, Civil Procedure Code, 1908, Contract Law, Deputation, Dhananjaya Y Chandrachud, Employment Contracts, Employment Terms, Judges, Service Law

Supreme Court Clarifies “Deputation” in Employment Contracts: Sarita Singh vs. Shree Infosoft (2022) LEGAL ISSUE: What constitutes a “deputation” in an employment contract and the obligations of an employee upon return from overseas travel. CASE TYPE: Civil, Employment Contract Dispute Case Name: Ms Sarita Singh vs. M/s Shree Infosoft Private Limited [Judgment Date]: 12 January

Supreme Court Clarifies “Deputation” in Employment Contracts: Sarita Singh vs. Shree Infosoft (2022) Read Post »

Supreme Court settles burden of proof in money recovery suits: Anita Rani vs. Ashok Kumar & Ors. (2021)

/ Burden of Proof, Civil Law, Hemant Gupta, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 70, Judges, Money Recovery Suits, V. Ramasubramanian

Supreme Court Settles Burden of Proof in Money Recovery Suits: Anita Rani vs. Ashok Kumar & Ors. (2021) LEGAL ISSUE: Burden of proof in money recovery suits where the defendant claims full and final settlement or gratuitous payment. CASE TYPE: Civil Case Name: Anita Rani vs. Ashok Kumar & Ors. [Judgment Date]: 16 December 2021

Supreme Court settles burden of proof in money recovery suits: Anita Rani vs. Ashok Kumar & Ors. (2021) Read Post »

Supreme Court clarifies “illicitly removed” under Kerala Forest Act: Bharath Booshan Aggarwal vs. State of Kerala (2021)

/ Burden of Proof, Criminal Law, Indira Banerjee, Judges, Kerala Forest Act, 1961, Kerala Forest Act, 1961 with Section 2(f), Kerala Forest Act, 1961 with Section 27(1)(d), Kerala Forest Act, 1961 with Section 69, Mens Rea, S. Ravindra Bhat

Supreme Court clarifies “illicitly removed” under Kerala Forest Act: Bharath Booshan Aggarwal vs. State of Kerala (2021) LEGAL ISSUE: Whether the prosecution must prove that the accused had knowledge of the illicit origin of forest produce for conviction under Section 27(1)(d) of the Kerala Forest Act, 1961. CASE TYPE: Criminal Law Case Name: Bharath Booshan

Supreme Court clarifies “illicitly removed” under Kerala Forest Act: Bharath Booshan Aggarwal vs. State of Kerala (2021) Read Post »

Supreme Court clarifies liability of inspection agencies in consumer cases: SGS India Ltd. vs. Dolphin International Ltd. (6 October 2021)

/ Burden of Proof, Consumer Law, Consumer Protection Act, 1986, Contract Law, Deficiency in Service, Disclaimer, Hemant Gupta, Judges, Liability, V. Ramasubramanian

Supreme Court clarifies liability of inspection agencies: SGS India Ltd. vs. Dolphin International Ltd. (2021) Date of the Judgment: 6 October 2021 Citation: [Not provided in the document] Judges: Hemant Gupta, J. and V. Ramasubramanian, J. Can an inspection agency be held liable for variations in product specifications after the goods have been shipped and

Supreme Court clarifies liability of inspection agencies in consumer cases: SGS India Ltd. vs. Dolphin International Ltd. (6 October 2021) Read Post »

Supreme Court Upholds MACT Award, Emphasizes Witness Reliability in Accident Claims: Anita Sharma vs. New India Assurance (2020)

/ Aniruddha Bose, Burden of Proof, Evidence Act, 1872, Judges, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 166, Surya Kant, Witness Testimony

Supreme Court Upholds MACT Award, Emphasizes Witness Reliability in Accident Claims: Anita Sharma vs. New India Assurance (2020) LEGAL ISSUE: Determining liability in motor accident claims based on witness testimony and FIR discrepancies. CASE TYPE: Motor Accident Claim Tribunal (MACT) Case Name: Anita Sharma & Ors. vs. The New India Assurance Co. Ltd. & Anr.

Supreme Court Upholds MACT Award, Emphasizes Witness Reliability in Accident Claims: Anita Sharma vs. New India Assurance (2020) Read Post »

Supreme Court Upholds Conviction in Matrimonial Homicide Case: Jayantilal Verma vs. State of Chhattisgarh (2020)

/ Burden of Proof, Hrishikesh Roy, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 106, Indian Evidence Act, 1872 with Section 134, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, Sanjay Kishan Kaul

Supreme Court Upholds Conviction in Matrimonial Homicide Case: Jayantilal Verma vs. State of Chhattisgarh (2020) LEGAL ISSUE: Whether circumstantial evidence and the lack of explanation from the accused under Section 106 of the Indian Evidence Act, 1872, are sufficient to uphold a conviction for murder in a domestic setting. CASE TYPE: Criminal. Case Name: Jayantilal

Supreme Court Upholds Conviction in Matrimonial Homicide Case: Jayantilal Verma vs. State of Chhattisgarh (2020) Read Post »

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