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Showing : 471-480 of 1212 Results

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 100 -- Second Appeal - False and irrelevant pleas - Appellant is guilty of suppressing material facts and introduction of false pleas and irrelevant documents - Plea of adverse possession has no foundation or basis in the facts and circumstances of case and was just introduced to gain undue benefits - As a result, Court got into trap..........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Complainant failed to prove that amount as stated in complaint was advanced to accused and cheque in question was given towards discharge of such liability - Except oral evidence of complainant, he did not produce any evidence to show that he had sufficient fund to advance to..........

RAJASTHAN HIGH COURT

Year of decision: 2012
Details

Criminal Trial -- Defence of accused - Held, although defence need not prove its case beyond reasonable doubt, but it must probabilise its case - Thus, it is not sufficient for defence to merely make statement of fact - It is duty bound to prove that fact - A fact is said to be proved when sufficient evidence has been produced to extent that Court would believe that fact..........

PATNA HIGH COURT

Year of decision: 2012
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Disposal of seized narcotic substances - Neither any inventory of seized article was prepared nor recovered contraband was ever produced - No explanation was offered for this failure - Mere oral evidence as to the features and production of seizure list does not discharge heavy burden which lies on..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Land Acquisition Act, 1894, Section 17, 5A -- Urgency power - Govt. when invokes this power initial presumption in favour of Govt. does not arise - Burden lies on the Govt. to prove that use of power was justified and dispensation of enquiry was necessary...........

MADRAS HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Proof - Complainant/appellant is a student studying C.A. and there is no record to show that she is earning member - Defence raised by accused/respondent that complainant/appellant did not have necessary means for advancing loan - Held, initial burden is upon complainant to..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Application for setting aside of - Delay of nearly two years - Petitioner was able to prove that acknowledgment was received by Court showing that suit summons were served on 01.12.2008 - Plea of respondent that he had no knowledge of passing of the ex parte decree - Held, such plea is an utter falsehood -..........

MADRAS HIGH COURT

Year of decision: 2012
Details

Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption as to - Held, a legal presumption is available u/s 113-B Evidence Act which is relatable to S.304-B IPC - A heavy burden lies on accused to prove his innocence - When the question is whether a person has committed the dowry death of a woman and it is shown that soon before..........

KERALA HIGH COURT

Year of decision: 2012
Details

Insurance Act, 1938, Section 45, Constitution of India, 1950, Article 226 -- Supervisory jurisdiction - Exercise of - Insurance Ombudsman when decides case contrary to statutory provision as well as binding precedents regarding burden of proof in matter of Insurance claims the same can be interfered with by High Court in exercise of jurisdiction under Article 226..........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s.139 - Rebuttal of - Standard of proof - Held, when an accused has to rebut presumption u/s.139 of the Act, standard of proof for doing so is that of "Preponderance of probabilities" - If accused is able to raise a probable defence, which creates doubt about existence of a legally..........

Showing : 471-480 of 1212 Results