Showing : 51-60 of 183 Results

BOMBAY HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114A-- Rape - Presumption as to - Held, when prosecutrix states that she was not consenting party for sexual intercourse, then there is presumption available in favour of prosecutrix u/s.114-A of Evidence Act and Court shall go with such presumption unless it is rebutted...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 114(d)-- Continuity of possession - Plaintiff admittedly in possession of suit property on date of filing of suit - That state of affairs is presumed to continue unless defendant adduces evidence to show that plaintiff had vacated and delivered possession of the property...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 114-- Contraband - Police witnesses - There is presumption that every official act done by the police was regularly performed and such presumption requires rebuttal...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
, Section 376(2)(g), 114A- - Gang rape by teachers of their student - Presumption as to absence of consent - There was a fiduciary relationship between accused and prosecutrix being in their custody and they were trustee - Held, it became a case where fence itself eats crop and in such a case provisions of S.114-A of..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 114-- Court always raise inferences taking into account the common course of natural event, human conduct and public and private business...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 114-- Pattadar pass book and title deeds issued under A.P.Rights in Land and Pattadar Pass Book Act, 1971 - There is presumption as to existence of title - It is only when such documents are set aside either in any appeal or revision or by a Court of law that they can be ignored...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 106, Evidence Act, 1872, Section 114, General Clauses Act, 1897, Section 27-- Quit notice - Sent by registered post at the proper address - Endorsement "not claimed/not met" - Amounts to deemed service in the absence of evidence to rebut the presumption of service which arises both on fact and law...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 376, 363, 366, Evidence Act, 1872, Section 3, 114-- Kidnapping - Rape - Proof - Prosecutrix and accused were known to each other and had developed intimacy - Grandmother of prosecutrix had seen her leaving with accused on fateful day - She also admits that she did not inform anyone about this fact - She had never raised any alarm even when she was..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Evidence Act, 1872, Section 114(g), Criminal Procedure Code, 1973, Section 233-- CCTV Camera footage - Non production - Adverse inference - Could be drawn only if accused had moved an application u/s 233 of the Code for production of CCTV Camera footage and prosecution had failed to respond - Prosecution witnesses stated that CCTV footage did not have any relevant material as..........
DELHI HIGH COURT
Year of decision: 2012
Details
General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114- - Service of summons - Presumption as to - Held, it is settled law that if summons issued by registered post bearing correct address of defendant and is returned by postal authorities with report of "refusal", there is presumption that addressee received summons sent by registered post - However..........

Showing : 51-60 of 183 Results