Tag: Burden of Proof.

Proof of Tenancy: Supreme Court’s Key Ruling on Rent Receipts and Title Disputes
16Oct By The Legal ChamberNo Comments
Supreme Court

Proof of Tenancy: Supreme Court’s Key Ruling on Rent Receipts and Title Disputes

The Supreme Court held that In disputes over landlord-tenant relationships, the Supreme Court clarified that under the Karnataka Rent Act, 1999, the production of rent receipts signed by the landlord constitutes prima facie evidence of the jural relationship. Once this initial burden is discharged, the Rent Controller is justified in proceeding with the eviction case without delving into title disputes, which are beyond its scope. Facts Of The Case: The appellant, H.S. Puttashankara, filed an eviction petition against the respondent, Yashodamma, under the Karnataka Rent Act, 1999, concerning a property in Bengaluru. The appellant claimed to be the landlord, asserting that the property originally belonged to his great-grandfather and devolved to him through a release deed from other legal...
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Landmark Property Judgement: Supreme Court Clarifies Evidence Needed for Possession & Declaration Suits
16Oct By The Legal ChamberNo Comments
Supreme Court

Landmark Property Judgement: Supreme Court Clarifies Evidence Needed for Possession & Declaration Suits

The Supreme Court upheld the High Court's reversal of concurrent findings, ruling that a title deed is primary evidence of ownership. Mere presence of waste or manure on a property does not establish possession for the defendant. A declaratory suit under Section 34 of the Specific Relief Act, 1963, is maintainable when the defendant fails to prove their own possession. Facts Of The Case: The plaintiff, Suresh Tukaram Nerkar, filed a suit for declaration of his ownership and possession, and for a consequential permanent injunction against the defendants. His claim was based on a sale deed (Ext. 81) purportedly covering 150 square metres of land, which included a residential building on one portion ('ABCD') and an adjacent open plot ('PCDF'). The suit was triggered by the defendants, parti...
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Proximity Not Proof: Supreme Court on Accident Injury and Death Five Months Later
11Oct By The Legal ChamberNo Comments
Supreme Court

Proximity Not Proof: Supreme Court on Accident Injury and Death Five Months Later

The Supreme Court dismissed the appeal, upholding the High Court's finding that the death was not a direct consequence of the motor accident injuries. The legal requirement of establishing a direct causal nexus between the accident and the death was not satisfied, as the medical evidence indicated the fatality was a possible after-effect of the surgery and the victim's pre-existing conditions, not the injuries themselves. Facts Of The Case: On April 29, 2006, an Excise Guard died following injuries sustained in a motorcycle accident. The accident occurred when the motorcycle he was riding collided with another motorcycle. He was initially hospitalized from April 29 to May 3, 2006, for injuries including a compound fracture of multiple metatarsals in his right foot and a fracture in his l...
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Supreme Court Acquits Mother-in-Law, Cites Lack of Evidence in Dowry Harassment Case
1Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Acquits Mother-in-Law, Cites Lack of Evidence in Dowry Harassment Case

The Supreme Court acquitted the appellant of charges under Section 498-A IPC. It held that the conviction, based solely on uncorroborated testimony of interested witnesses, was unsustainable. The Court emphasized that cruelty under Section 498-A must be proven by continuous or persistent conduct likely to drive a woman to suicide, which was not established by the prosecution evidence. Facts Of The Case: The case originated from the death of Chandra Devi, who was found deceased in her matrimonial home on June 15, 2001. Her father, Dharmanand Joshi (PW-1), filed a complaint the next day, alleging that his daughter had committed suicide by hanging. He reported seeing wounds on her body and expressed suspicion about her death, stating that the deceased had previously told him her mother-in-l...
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Supreme Court Says Long-Term Cohabitation Can Prove Valid Marriage for Inheritance Claims: Landmark Ruling
26Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Says Long-Term Cohabitation Can Prove Valid Marriage for Inheritance Claims: Landmark Ruling

This Supreme Court judgment reinforces that under Section 50 of the Indian Evidence Act, the opinion of a person with special means of knowledge is relevant to prove a familial relationship. It upholds the legal presumption of a valid marriage from long-term cohabitation. The Court also affirmed that a party's failure to enter the witness box, when facts are within their exclusive knowledge, warrants an adverse inference under Section 114(g). Revenue records do not confer title but only have fiscal value. Facts Of The Case: The dispute centered on the inheritance rights to the properties of Dasabovi, who had died intestate. The plaintiffs, Venkatappa and Siddamma, claimed to be his legitimate children from his first wife, Bheemakka. They alleged that after their father married a second w...
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Supreme Court Rules :You Can’t Be Guilty of Handling Stolen Goods If There Was No Theft
20Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules :You Can’t Be Guilty of Handling Stolen Goods If There Was No Theft

The Supreme Court acquitted the appellant, ruling that a conviction under Section 411 IPC for dishonestly receiving stolen property is legally unsustainable once the accused stands acquitted of the primary offence of theft under Section 379 IPC. The Court further held that the burden of proof lies entirely on the prosecution and cannot be reversed onto the accused. Facts Of The Case: The case originated from the disappearance and suspected murder of M. Narsalah on December 22, 2005, after he traveled to Warangal to collect outstanding business dues of approximately ₹2.92 lakh. When his phone was switched off, his cousin filed a missing person's report. The prosecution alleged that Narsalah's former employer and business rival, Accused-Moulana, murdered him, stole the cash, and enlisted t...
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When Can an Election Be Overturned? Supreme Court Explains the Difference Between Major and Minor Non-Disclosure
18Sep By The Legal ChamberNo Comments
Supreme Court

When Can an Election Be Overturned? Supreme Court Explains the Difference Between Major and Minor Non-Disclosure

The Supreme Court ruled that non-disclosure of income details in an election affidavit is not automatically a 'substantial defect' voiding an election under Section 100 of the Representation of the People Act, 1951. The defect must be of a consequential nature to constitute a corrupt practice or improper nomination acceptance. The people's mandate cannot be invalidated on mere technicalities. Facts Of The Case: The appellant, Ajmera Shyam, an Indian National Congress candidate, challenged the election of respondent Smt. Kova Laxmi (BRS party) to the Telangana Legislative Assembly from the Asifabad (ST) constituency. The election was declared on December 3, 2023, with Laxmi winning by a margin of 22,798 votes. The challenge was based on the alleged improper acceptance of her nomination pa...
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Supreme Court Hostile Witness & Unproven Demand Lead to Acquittal in Landmark Corruption Appeal
17Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Hostile Witness & Unproven Demand Lead to Acquittal in Landmark Corruption Appeal

The Supreme Court acquitted the accused, ruling that the mere recovery of tainted money is not conclusive proof of guilt under the Prevention of Corruption Act. The prosecution failed to prove the crucial element of demand beyond a reasonable doubt. The accused's plausible explanation under Section 313 CrPC was entitled to the benefit of doubt. Facts Of The Case: The case involved an appeal against the conviction of a Lower Division Clerk at the Passport Office, Thiruvananthapuram, under the Prevention of Corruption Act, 1988. The prosecution's case was that the accused demanded an additional ₹500 as a bribe from the complainant to expedite his passport application. After negotiation, an initial gratification of ₹200 was to be paid along with the official ₹1000 fee. The Cen...
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Supreme Court Acquits Village Assistant: Merely Accepting Bribe Isn’t Enough
14Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Acquits Village Assistant: Merely Accepting Bribe Isn’t Enough

The Supreme Court upheld the conviction of the main accused under Sections 7 and 13 of the Prevention of Corruption Act, 1988, as demand and acceptance of illegal gratification were proven. However, the conviction of the co-accused was set aside due to the absence of a specific charge of abetment and lack of evidence proving his connivance or independent demand for the bribe. Facts Of The Case: The case involved two government officials, A. Karunanithi (A-1), the Village Administrative Officer, and P. Karunanithi (A-2), the Village Assistant. The complainant approached A-1 to obtain a necessary community certificate for a government job. On two separate occasions, A-1 demanded a bribe of Rs. 500 from the complainant to process the application. The complainant subsequently lodged a formal...
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Supreme Court Shifts Liability Back to Insurance Company in Landmark Motor Accident Case
11Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Shifts Liability Back to Insurance Company in Landmark Motor Accident Case

This Supreme Court judgment holds that under Section 147 of the Motor Vehicles Act, 1988, an insurer is liable to indemnify claims for the owner of goods or his authorized representative traveling in a goods vehicle. Furthermore, the registered owner remains liable for compensation until a transfer is formally reported to the Registering Authority under Section 50, and the insurer cannot avoid its liability based on unsubstantiated assertions. Facts Of The Case: A motor accident involving a goods vehicle resulted in several claims for death and injury. The injured and deceased were petty hawkers, such as a fish monger and a vegetable vendor, who were accompanying their goods in the vehicle at the time of the accident. The insurance company contested its liability on two primary gro...
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