Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - To rebut the presumption accused need not examine himself - He may discharge his burden on the basis of materials already brought on record...........
Indian Penal Code, 1860, Section 302 -- Murder - Case resting on circumstantial evidence - Long standing property dispute between accused and deceased - Testimony of prosecution witnesses consistent and compatible with each other - Accused last seen in the company of the deceased - Time gap between last seen circumstance and death was short - Burden of proof that accused..........
Evidence Act, 1872, Section 106 -- Murder - Case resting on circumstantial evidence - Long standing property dispute between accused and deceased - Testimony of prosecution witnesses consistent and compatible with each other - Accused last seen in the company of the deceased - Time gap between last seen circumstance and death was short - Burden of proof that accused parted..........
Industrial Disputes Act, 1947, Section 2(oo), 10(1) -- Termination - Burden of proof - It is petitioner/Workman who had asserted that his termination was not in accordance with law - The burden of proving the same had to be discharged by the petitioner/Workman by adducing his evidence at the first instance - It is only thereafter an opportunity had to be given to the..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Act, 1938, Section 45 - Insurance claim - Repudiation - Suppression of material fact - Burden of proof - The onus to prove of suppression of material facts is on the insurer - The insured made a wrong statement while filling in the proposal form that he had suffered from Enteric Fever and that he was admitted in..........
Haryana Rural Development Fund Act, 1986 -- Recovery of fee - Demand raised for the first time after a long period which may prejudice the right of the petitioner for passing on the burden to the next purchaser - Held, demand cannot be set aside as plea of limitation raised not tenable - However, direction issued to assessing authority to give hearing to the petitioner and..........
Registration Act, 1908, Section 32, 34, 60 -- Gift deed - Endorsement of Registrar that donor presented the gift deed before him and has admitted execution thereof - Held, in view of provision of Ss.32, 34 and 60 of the Registration Act there is strong presumption in favour of genuineness execution and registration of the gift deed and plaintiffs are not supposed to..........
Evidence Act, 1872, Section 114 -- Withholding an important document - Even if the burden of proof does not lie on a party, Court may draw an adverse inference if he withholds important documents in his possession which can throw light on the facts at issue...........
Judicial Review -- Superior courts should not readily accept the charge of `malus animus' laid against the State and its functionaries - Burden to prove `mala fide' is on the person who so alleges - Courts should not draw dubious inferences of `mala fides' or bad faith on the basis of vague and bald allegations or inchoate pleadings - To prove charge of mala fide some..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Burden of establishing/proving the market value of the lands is always on the claimants...........