Showing : 31-40 of 10358 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Financial capacity to advance loan - Evidence on record shows a probable defence on behalf of accused, which shifts burden on complainant to prove his financial capacity and other facts - Finding of Trial Court that complainant failed to prove his..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Interim maintenance - Deceased husband and his brother were carrying joint business and drawing Rs.30,000/- p.m. each - House where complainant and her husband resided belong to a joint family - Whether requirements of S.2(f), S.2(q) and S.2(s) of the Act are fulfilled is a matter of evidence..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 13(4)-- Medical negligence - Burden of proof - Commission cannot order constitution of a medical board to collect evidence on behalf of complainant - Complainant to produce his own evidence in support of complaint - However, forum constituted under the Act has jurisdiction to requisition a report from any..........
KERALA HIGH COURT
Year of decision: 2019
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 23(2)-- Proceedings u/s 12 or S.23(2) of the Act - Evidence by way of affidavit - Court in its discretion can allow evidence on affidavit and permit cross examination to test veracity of the evidence...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Benami Transactions (Prohibition) Act, 1988, Section 4-- Rejection of plaint - Plea that suit is barred u/s 4 of Benami Transaction Act - Plea can be decided only when parties lead evidence and not at the stage of deciding application U.O.7.R.11 CPC - Application dismissed...........
DELHI HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Two complaints filed against petitioner which were identical and in both the cases, two cheques allegedly issued by petitioner - Both the complaints were consolidated and common evidence was led - Petitioner convicted in both the cases - However, in appeal petitioner..........
KERALA HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 39-- Maintenance - Fraudulent transfer of property - Charge on property - Husband even if suffered imprisonment for non payment of maintenance, it does not relieve him from obligation to pay maintenance - No evidence to prove fraudulent transfer of property - Even otherwise transfer of property will..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3-- Rape - Appeal against conviction - Appreciation of evidence - Prosecution failed to prove case against accused beyond reasonable doubt due to following reasons : (i) prosecutrix not examined by doctor after alleged incident; (ii) in absence of any medical examination done, prosecution not examined..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 120B, 201, 297, Evidence Act, 1872, Section 3-- Murder - Circumstantial evidence - As per prosecution, father of deceased hatched conspiracy alongwith accused to kill her, but no challan was put up against him - Even, theory of conspiracy not proved against accused - There is no corroborative material produced on record by prosecution except..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued in lieu of milk supplied to accused as alleged by complainant - However, in entire complaint or earlier thereto in notice issued u/s 138 of the Act, complainant failed to mention rate of milk, payment if any due and placed on record alleged settlement - Accused..........

Showing : 31-40 of 10358 Results