Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Presumption - Rebuttal - Accused did not lead any evidence to rebut the presumption - Statement of accused recorded u/s 313 Cr.P.C. is not a substantive evidence of defence, but only an opportunity to accused to explain the incriminating circumstances..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Presumption - Rebuttal - Accused recorded his statement u/s 313 Cr.P.C. but not adduced any evidence to rebut the presumption that cheque was issued for consideration - Once the facts came on record remain unrebutted and supported with evidence on record..........
Arbitration and Conciliation Act, 1996, Section 11(6), 8 -- Appointment of arbitrator - Unsafe to conclude, in the given facts of the instant case, as to whether an arbitration agreement exists between the parties - A deeper consideration of whether an arbitration agreement exists between the parties must be left to an Arbitrator who is to examine the documentary evidence..........
Evidence Act, 1872, Section 32 -- Multiple dying declarations - Each dying declaration has to be considered independently on its own merit as to its evidentiary value and one cannot be rejected because of contents of other...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 498A, 34 -- Two dying declarations - Murder of wife by husband - Deceased in her second dying declaration categorically stated that at the time when she gave first statement that it was a case of accident, she was given threats by accused that he will kill her children also - She also stated in second..........
Landlord and tenant -- Relationship - No rent agreement executed in between parties - No rent receipt filed in support of claim of tenancy - When there is no evidence of taking premises on rent and it is admitted that no record of accounts as to payment of rent is maintained, there is no base for holding that relationship of landlord and tenant is proved...........
Criminal Procedure Code, 1973, Section 311, 173(5) -- Summoning of witnesses along with relevant record - Murder case - Witnesses sought to be summoned along with documents in connection with second post mortem of deceased - Although application was filed by Public Prosecutor but it was open for Trial Judge as well to exercise suo moto powers in summoning witnesses, whose..........
Arbitration Act, 1940, Section 30, 33 -- Arbitral award - Setting aside - Where arbitrator has taken a possible view, although a different view may be possible on the same evidence, Court would not interfere with the award...........
Evidence Act, 1872, Section 32 -- Dying declaration - Merely because parents and other relatives of deceased were present in Hospital, when statement of deceased was recorded, it cannot be said that said statement was a tutored one...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder of wife by husband - 90% burn injuries - Magistrate recorded statement of deceased after noticing that she was in fit condition to make a declaration - Deceased stated in her dying declaration that accused poured kerosene oil on her and set her ablaze - Though family members of deceased were..........
