Burden of Proof Archives

Supreme Court upholds findings on oral gift: Sheikh Yakub vs. Sakinabi (2018)

July 11, 2018 / Burden of Proof, Evidence, Judges, Kurian Joseph, Oral Gift, Property Law, Sanjay Kishan Kaul, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 122

Supreme Court Upholds Findings on Oral Gift in Property Dispute: Sheikh Yakub vs. Sakinabi (2018) Date of the Judgment: July 11, 2018 Citation: Not Available Judges: Justice Kurian Joseph and Justice Sanjay Kishan Kaul. Can an oral gift of property be considered valid without sufficient evidence? The Supreme Court of India recently addressed this question […]

Supreme Court upholds findings on oral gift: Sheikh Yakub vs. Sakinabi (2018) Read Post »

Supreme Court Upholds Sale Deed Validity in Property Dispute: Krishna Devi vs. Keshri Nandan (2018)

March 21, 2018 / Burden of Proof, Civil Law, Evidence Law, Judges, N.V. Ramana, Property Law, S. Abdul Nazeer, Sale Deed, Witness Testimony

Supreme Court Upholds Sale Deed Validity in Property Dispute: Krishna Devi vs. Keshri Nandan (2018) LEGAL ISSUE: Validity of a sale deed challenged on grounds of fraud and misrepresentation. CASE TYPE: Civil Property Dispute Case Name: Krishna Devi vs. Keshri Nandan [Judgment Date]: March 21, 2018 Date of the Judgment: March 21, 2018 Citation: Civil

Supreme Court Upholds Sale Deed Validity in Property Dispute: Krishna Devi vs. Keshri Nandan (2018) Read Post »

Supreme Court overturns conviction in murder case due to lack of credible evidence: Sudhakar vs. State (2018)

March 12, 2018 / Burden of Proof, Evidence Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, N.V. Ramana, Offences Against Human Body, S. Abdul Nazeer, Witness Testimony

Supreme Court overturns conviction in murder case due to lack of credible evidence: Sudhakar vs. State (2018) LEGAL ISSUE: Whether the conviction of the accused for murder was justified based on the evidence presented. CASE TYPE: Criminal Case Name: Sudhakar @ Sudharasan vs. State Rep. by the Inspector of Police Judgment Date: 12 March 2018

Supreme Court overturns conviction in murder case due to lack of credible evidence: Sudhakar vs. State (2018) Read Post »

Supreme Court overturns High Court in property sale dispute: Dalip Singh vs. Bhupinder Kaur (2018)

February 23, 2018 / Burden of Proof, Deepak Gupta, Evidence Law, Judges, Madan B. Lokur, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Specific Performance

Supreme Court overturns High Court in property sale dispute: Dalip Singh vs. Bhupinder Kaur (2018) LEGAL ISSUE: Whether the High Court was correct in overturning the concurrent findings of fact by the trial court and the lower appellate court regarding an agreement to sell. CASE TYPE: Civil Appeal (Specific Performance of Contract) Case Name: Dalip

Supreme Court overturns High Court in property sale dispute: Dalip Singh vs. Bhupinder Kaur (2018) Read Post »

Supreme Court Upholds Acquittal in NDPS Case Due to Inconsistent Witness Testimony: Union of India vs. Leen Martin (2018)

February 1, 2018 / Burden of Proof, Evidence Law, Judges, N.V. Ramana, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 20(b)(ii)(c), Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 67, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 8(c), S. Abdul Nazeer, Witness Testimony

Supreme Court Upholds Acquittal in NDPS Case Due to Inconsistent Witness Testimony: Union of India vs. Leen Martin (2018) Date of the Judgment: 01 February 2018 Citation: (2018) INSC 74 Judges: N.V. Ramana, J. and S. Abdul Nazeer, J. Can a conviction for drug trafficking be sustained when key witnesses contradict the prosecution’s version of

Supreme Court Upholds Acquittal in NDPS Case Due to Inconsistent Witness Testimony: Union of India vs. Leen Martin (2018) Read Post »

Supreme Court Upholds Conviction in Homicidal Death Case: State of Himachal Pradesh vs. Raj Kumar (2018)

January 8, 2018 / Burden of Proof, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 106, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, R. Banumathi, Uday Umesh Lalit

Supreme Court Upholds Conviction in Homicidal Death Case: State of Himachal Pradesh vs. Raj Kumar (2018) LEGAL ISSUE: Whether the High Court was correct in overturning the trial court’s conviction in a case based on circumstantial evidence of murder. CASE TYPE: Criminal. Case Name: State of Himachal Pradesh vs. Raj Kumar. [Judgment Date]: January 8,

Supreme Court Upholds Conviction in Homicidal Death Case: State of Himachal Pradesh vs. Raj Kumar (2018) Read Post »

Supreme Court settles adoption custom in Jain Community: Ratanlal vs. Sundarabai (2017)

November 22, 2017 / Adoption in Jain Community, Amitava Roy, Burden of Proof, Customary Law, Hindu Adoption and Maintenance Act, 1956, Hindu Adoption and Maintenance Act, 1956 with Section 10, Hindu Adoption and Maintenance Act, 1956 with Section 3(a), Judges, N. V. Ramana

Date of the Judgment: 22 November 2017 Citation: [Not Available in Source] Judges: N. V. Ramana, J. and Amitava Roy, J. Can a married man be validly adopted, especially within the Jain community? The Supreme Court of India addressed this question in a dispute over the adoption of Ratanlal by his uncle, Govardhandas. The court

Supreme Court settles adoption custom in Jain Community: Ratanlal vs. Sundarabai (2017) Read Post »

Supreme Court Upholds Government’s Right to Resume Land Under Old Grant: Union of India vs. Vijay Krishna Uniyal (23 October 2017)

October 23, 2017 / A.M. Khanwilkar, Burden of Proof, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Section 100, Evidence Act, Evidence Act with Section 110, Evidence Act with Section 97, Judges, Kurian Joseph, Old Grants

LEGAL ISSUE: Whether a High Court, after upholding a lower court’s finding on land ownership, can make observations that could potentially reopen the settled issue of title. CASE TYPE: Civil Law, Land Resumption Case Name: Union of India vs. Vijay Krishna Uniyal (D) through L.Rs. Judgment Date: 23 October 2017 Date of the Judgment: 23

Supreme Court Upholds Government’s Right to Resume Land Under Old Grant: Union of India vs. Vijay Krishna Uniyal (23 October 2017) Read Post »

Supreme Court Upholds Concurrent Findings on Family Property Dispute: Adiveppa vs. Bhimappa (2017)

September 6, 2017 / Abhay Manohar Sapre, Burden of Proof, Documentary Evidence, Evidence Law, Hindu Law, Joint Family Property, Judges, Partition of Property, R.K. Agrawal, Self-Acquired Property

LEGAL ISSUE: Determination of self-acquired vs. ancestral property in a Hindu family. CASE TYPE: Civil property dispute. Case Name: Adiveppa & Ors. vs. Bhimappa & Anr. [Judgment Date]: September 6, 2017 Date of the Judgment: September 6, 2017. Citation: (2017) INSC 782. Judges: Justice R.K. Agrawal and Justice Abhay Manohar Sapre. The Supreme Court of

Supreme Court Upholds Concurrent Findings on Family Property Dispute: Adiveppa vs. Bhimappa (2017) Read Post »

Supreme Court Upholds Acquittal in 1979 Murder Case Due to Doubtful Witness Testimony: State of U.P. vs. Ramakant (2009)

March 31, 2009 / Arijit Pasayat, Burden of Proof, Circumstantial Evidence, D.K. Jain, Evidence Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Mukundakam Sharma, Offences Against Human Body, Witness Testimony

Did the High Court err in acquitting the accused in a decades-old murder case? The Supreme Court of India addressed this question in an appeal concerning a 1979 incident. The case hinged on the credibility of eyewitness testimonies and the presence of unexplained circumstances that cast doubt on the prosecution’s version of events. A three-judge

Supreme Court Upholds Acquittal in 1979 Murder Case Due to Doubtful Witness Testimony: State of U.P. vs. Ramakant (2009) Read Post »