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PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Civil Procedure Code, 1908, Order 32, Rule 5, Contract Act, 1872, Section 12 -- Agreement to sell - Contract with a person of unsound mind - If at the time of making contract a person is capable of understanding the contract and forming a rational judgment to its effect upon his interest then contract is not void - Even a person who is usually of a unsound mind but..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Civil Procedure Code, 1908, Order 32, Rule 5, Contract Act, 1872, Section 12, Evidence Act, 1872, Section 101, 102 -- Unsound mind - Burden of proof - Lies on the person who sets up such a plea - Such burden can be discharged by proving at least by balance of probability that the action of executing the deed of transfer was the outcome of an unsound mind...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2005
Details

Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Execution - Proof - Burden rests upon plaintiff to prove promissory note in all respects - Evaluation of possibilities for the defendant to borrow the amount, or his necessities do not have any role to play in this regard...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2005
Details

Negotiable Instruments Act, 1881, Section 138 -- Notice - Received back with postal endorsement that addressee was not available - Burden is on complainant to prove that accused managed to get incorrect postal endorsement made...........

MADRAS HIGH COURT

Year of decision: 2005
Details

Hindu Law -- Joint Family Property - There is no presumption that a Hindu family merely because it is joint, possesses any joint property - Burden of proving that any particular property is joint family property, in the first instance is upon the person who claims it as coparcenary property...........

KERALA HIGH COURT

Year of decision: 2005
Details

Indian Penal Code, 1860, Section 107, 306 -- Suicide - Abetment - Making insulting statement in public that if deceased has not even Rs.200/- to pay why he was a burden to the earth and why could he not go and die - It only appears that accused wanted to get back Rs.200/- from the deceased and infuriated by deceased's failure to return the money, he insulted and assaulted..........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Foreigners Act, 1946, Section 9 -- Foreigners - Burden lies on person who claims to be or not to be foreigner - S.9 of the Act is based on sound legal principle that facts which are in personal knowledge of a person should prove it - Most of leading democracies in world have similar provision...........

BOMBAY HIGH COURT

Year of decision: 2005
Details

Indian Penal Code, 1860, Section 302, 506, 149, Bombay Police Act, Section 37(1), 135, Arms Act, 1959, Section 25(c) -- Murder - Assault with weapons like sword, Axe, Gupti and Barchi - Acquittal - Evidence of child witness rightly discarded as there was no mention of victim being accompanied by her in FIR - Shopkeeper PW2 not deposing anything about assault by accused on..........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Indian Penal Code, 1860, Section 364, 302, 34, Evidence Act, 1872, Section 106 -- Abduction and murder - One of the accused dragged victim and while doing so called another accused to bring a lathi to kill the victim - Conviction u/s 364 IPC is justified - What transpired thereafter? - Prosecution proceeded on footing that there were eye witnesses to the fact of murder -..........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Indian Penal Code, 1860, Section 307 -- Attempt to murder - Injuries received by accused - No suggestion to prosecution witnesses that they assaulted accused as a result of which he suffered injuries - In absence of such suggestion plea of receiving injuries by accused cannot be accepted - Though burden is heavy on prosecution to prove every ingredient of offence and..........

Showing : 871-880 of 1212 Results