Andhra Pradesh High Court clarifies burden of proof in specific performance cases, emphasizing defendant's conduct and failure to challenge agreement promptly.
Supreme Court holds that leasing a residential flat does not automatically make buyer a non-consumer; burden lies on seller to prove dominant commercial purpose.
Supreme Court clarifies burden of proof in joint Hindu family property disputes, holding that ancestral income-yielding properties shift burden to claimant of self-acquisition.
Madhya Pradesh High Court holds that applications under Order 11 Rule 12 CPC require specific relevance to pleadings; mechanical orders without judicial reasoning are invalid.
Madhya Pradesh High Court suspends sentence in POCSO case, holding that age determination without proven source in scholar register cannot sustain conviction.
Madras High Court rules that burden of proving contributory negligence lies with the insurer, setting aside 50% reduction in compensation for lack of evidence.
Chhattisgarh High Court upholds acquittal in rape case, emphasizing that appellate courts must not substitute their view unless trial court's finding is perverse or legally flawed.
Bombay High Court clarifies that landlords need not produce direct documentary proof of subletting; exclusive possession and tenant's admissions suffice under MRC Act.
Supreme Court sets aside demolition order where 'khoai' land status lacked scientific evidence, emphasizing burden of proof in PILs and protection of private property rights.
CESTAT Chennai holds that SSI exemption cannot be denied merely because a manufacturer uses a brand name owned by its director or proprietor, absent proof of connection in trade.
Chhattisgarh High Court clarifies that maintenance under Section 125 CrPC requires proof of cruelty or unjustified desertion, not mere allegations of extramarital affairs.
Chhattisgarh High Court acquits accused in murder case, holding that last seen theory alone cannot sustain conviction without corroboration and proof of exclusive possession.
Madras High Court holds that property in name of female member of Hindu joint family is not presumed joint family property; burden of proof lies on claimants.
Delhi High Court upholds arbitral award, holding that failure to rebut documentary evidence submitted by contractor shifts burden to petitioner under Section 34 of Arbitration Act.
Chhattisgarh High Court acquits accused under Section 302 IPC, holding that suicidal death cannot be converted into homicide without conclusive evidence of intent or presence.