Punjab Co-operative Societies Act, 1961, Section 26 -- Election - S.26(1) of the Act does not indicate that it makes any distinction between a primary society and central society - All that is referred to is that it applies to the cooperative society - Thus, plea of appellant that S.26(1) of the Act be read restricted only to primary societies, is misplaced as rule of..........
Evidence Act, 1872, Section 11, Indian Penal Code, 1860, Section 302 -- Plea of alibi - Murder - Accused not proved to be far away at the relevant time that he could not possibly be present at the place where crime was committed - Evidence led by accused to prove plea of alibi is rather sketchy and does not exclude with absolute certainty the possibility of his presence at..........
Evidence Act, 1872, Section 106, Indian Penal Code, 1860, Section 302 -- Burden of prove - Murder case - Death occurred in matrimonial home of deceased - Heavy burden is on accused u/s 106 of Evidence Act, to explain as to under what circumstances deceased died an unnatural death in his house - Accused failed to explain the same - Plea of alibi as raised by accused also..........
Criminal Procedure Code, 1973, Section 482, Electricity Act, 2003, Section 135 -- Theft of electricity - Quashing of proceedings - Plea that Junior Engineer is not competent to file complaint/FIR - However, as per Bihar Electricity Regulatory Commission, Junior Electrical Engineer is authorised to disconnect supply line of electricity as well as lodge complaint in police..........
Hindu Adoptions and Maintenance Act, 1956, Section 4, 10(iii), (iv) -- Customary adoption - Plea of fraud and undue influence - Not available to plaintiff who is stranger to adoption deed - Moreover, no evidence adduced by plaintiff to prove plea of fraud and undue influence - Plea rejected...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Adoption - Adoptee/defendant taken a specific plea that parties are governed by customary law and his adoptive father was competent to take him in adoption in accordance with law - Said plea was never controverted - Plaintiff failed to utter a single word regarding adoption when he appeared as his own witness -..........
Evidence Act, 1872, Section 3 -- Evidence - No evidence can be let in on a plea that is not specifically raised or expressly pleaded by parties...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of overwriting of date of cheque 1.7.2013 to 1.7.2014 - Cheque - This is a matter of fact which can be contested only before the trial Court - At this stage no cogent evidence/ground to disbelieve the statement of complainant given on oath before Court in support of his complaint - No ground to..........
Possession -- Suit for recovery, possession, mesne profits and permanent injunction - Entitlement to possession on the basis of title - Plea taken by defendant that property was not purchased by plaintiff with his own funds as he does not have any independent source of income - It does not render plaintiff disentitled to suit property as defendant does not claim that..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Failure to pay loan amount - Since judgment and decree in civil suit has attained finality between same parties with respect to same transaction and counsel of petitioner has not argued case on merit, plea taken by petitioners in..........
