Evidence Act, 1872, Section 32 -- Three dying declarations - Discrepancies in three dying declarations - When there are conflicting or contradictory dying declarations and if prosecution fails to discharge the burden of proof beyond reasonable doubt, there is no reason why the benefit of doubt should not be extended to the accused...........
Indian Penal Code, 1860, Section 363, 368, 366, Evidence Act, 1872, Section 106 -- Kidnapping of two minor girls - Burden of proof - Accused kidnapped two minor girls on rickshaw - No evidence or circumstance pointing fact that two minor girls were ever seen in company of any other person after their disappearance with accused on rickshaw - Imputation of causing..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Application under O.11 R.1 CPC not to be dismissed on the ground that such questions can be asked to respondent at time of recording evidence or that plaintiff-petitioner has to stand on his own legs and prove his defence instead of putting burden on the shoulders of other party...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner to record factual position of land - Suit for injunction - Measurement of lands already done at the instance of plaintiffs and boundaries are fixed - Burden lies on plaintiffs to prove the said existence of their house and its location - Hence, plaintiffs cannot seek appointment of Court..........
Hindu Adoptions and Maintenance Act, 1956, Section 16, Evidence Act, 1872, Section 102 -- Adoption - Challenge thereto - Burden of proof to challenge adoption deed and proving that it was not properly executed was upon plaintiff - Plaintiff however, failed to explain satisfactorily as to why she put her signatures on document, despite being suspicious about it - Moreover,..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Evidence Act, 1872, Section 102 -- Divorce petition filed by husband - Burden is clearly on husband to prove his case...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - If signatures on cheque is admitted, statutory presumption u/s 139 of the Act stands activated and accused is obligated to rebut the presumption before burden of proving existence of debt or liability shifts to complainant - However, accused need not adduce direct evidence..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Complainant contended that cheque issued for purchase of food article chilly - However, no evidence produce on record by complainant pertaining to purchase of said food article - Statutory presumption is duly rebutted, as defence is more than amply probablised on touchstone..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Deceased was living with her children along with her brother-i, law/accused in joint family - Children of deceased stated that accused came in drunken condition and threatened to kill them - PW1 heard cries of her mother/deceased and also seen accused taking deceased towards..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Where all the ingredients u/s 304-B are fulfilled, then burden shifts on the accused to rebut presumption u/s 113-B of Evidence Act...........
