Showing : 171-180 of 519 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 106, Arbitration and Conciliation Act, 1996, Section 8-- Expiry of lease period - Arbitration clause does not survive - Determination of lease on expiry of lease agreement - Suit for possession and damages on account of use & occupation - Subsistence of a lease under a lease deed would only be up to the period specified there in and once the lease deed..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 106-- Eviction - Nature of tenancy - Evidence of - Held, tenancy can be written as well as oral - For ascertaining nature of tenancy, dimensions of rented premises and other terms of tenancy, primary evidence is rent deed or instrument of tenancy - In present case, besides rent deeds, appellants have..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 302, 457, 380, Evidence Act, 1872, Section 8, 106-- Murder - Circumstantial evidence - Conduct of accused - Deceased left the house accompanied by accused and accused came back alone after 4 hours - It was within his exclusive knowledge as to what happened to deceased but he failed to give any explanation for his conduct - PW 10 who lives with..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 106-- When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 313-- Statement of accused u/s 313 Cr.P.C. - Accused not offering satisfying expalanton to incriminating circumstances put to him - May be counted as providing missing link in the chain - Presumption u/ss 113 and S.106 of Evidence Act get attracted...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 106-- Criminal Trial - Fundamental principles to be kept in mind - Held, absolute onus is always on prosecution to prove its case beyond any reasonable doubt - Accused cannot possibly be convicted without any substantive evidence as evidence is essential element in criminal proceedings notwithstanding..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, Evidence Act, 1872, Section 106-- Accused found in possession of contraband - Held, accused is presumed to have committed the offence - Once possession of contraband article is established, burden shifts on the accused to establish that he had no knowledge of the same...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 80, Transfer of Property Act, 1882, Section 106-- Compose notice u/s 106 TPA & S.80 CPC - Composite notice does not nullify the effect of the notice u/s 80 CPC - Notice terminating tenancy u/s 106 TPA does not simplicitor entitle plaintiff to bring the suit in violation of the provision of S.80 CPC against the State...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 374, Evidence Act, 1872, Section 106-- Appeal against conviction - Exercise of power by High Court - Held, HC being appellate Court was required to deal with each and every question raised on behalf of appellants - Though questions were raised before trial Court as well as HC but HC failed to discuss and decide questions raised by..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Evidence Act, 1872, Section 106-- Death occurred in house where deceased resided with accused - Accused did not raise a plea that he was not present in the house when the incident occurred - This would not relieve the prosecution of its burden of proving its case - But, it would apply to cases where the prosecution has succeeded..........

Showing : 171-180 of 519 Results