Showing : 1-10 of 19930 Results

SUPREME COURT OF INDIA
Year of decision: 2103
Details
Evidence Act, 1872, Section 101, 102-- Burden of proof and onus of proof - Burden of proof lies upon a person who has to prove the fact and which never shifts - Onus of proof shifts - Such a shifting of onus is a continuous process in the evaluation of evidence...........
SUPREME COURT OF INDIA
Year of decision: 2103
Details
Evidence Act, 1872, Section 101, 102-- Suit for possession based on title - Once plaintiff is able to create a high degree of probability so as to shift the onus on the defendant it is for the defendant to discharge his onus and in the absence thereof, the burden of proof lying on plaintiff shall be held to have been discharged so as..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219-- Dishonour of four cheques - Single notice - Consolidation of all the four complaints - There is no provision of consolidation of cases in Cr.P.C. - All four complaints directed to be fixed on one date so that it is convenient to both the parties to attend the hearing of all the four cases on one..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 29, 21, 23(c), 27(A), 67-- Recovery of 7.4 kg heroin - Confession of co-accused - Allegation against accused is that after taking delivery of contraband from one person, co-accused was to take heroin and hand it over to one `N' - Said `N' was to further hand over heroin to accused - However, said persons neither examined..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Criminal trial -- Presence of accused at the scene of occurrence - No eye witness to the incident - None of the witnesses deposed that accused was in or around the place of occurrence at or about the time of occurrence - No effort on the part of I.O. to ascertain where the accused was at the time of occurrence - An..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Petition by husband - Conduct of husband in leveling scandalous and malicious allegations of adultery against wife, not substantiated by any evidence, amounts to cruelty...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Petition by husband - Acts of abusive behavior and cruelty attributed to wife are general and vague, as there are no particular or specific instances alleged nor is there any shred of evidence in support thereof - Repeated complaints filed by wife before authorities concerned..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 34-- Account books - By themselves do not stand on any better footing than a bill or a voucher issued by plaintiff in the regular course of business...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 4, Evidence Act, 1872, Section 34-- Pronote - Suit for recovery - Non production of account books - It is of no consequence when there is no evidence on record that plaintiff in fact indulged in business of money lending and obviously plaintiff was not required to maintain books of account...........
CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 118-- Child witness - First step for the Judge or Magistrate to take is to satisfy himself that the child is the competent witness - For this purpose, preliminary inquiry should be held - It is duty of Court to ascertain in the best way, which it can, whether from the extent of his intellectual capacity..........

Showing : 1-10 of 19930 Results