Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Financial capacity to advance loan - There was no satisfactory explanation to question put in cross examination as to financial capacity of complainant - Evidence on record thus shows a probable defence on behalf of accused, which shifts burden on complainant to prove his..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Financial capacity to advance loan - Evidence on record shows a probable defence on behalf of accused, which shifts burden on complainant to prove his financial capacity and other facts - Finding of Trial Court that complainant failed to prove his financial capacity of..........
Civil Procedure Code, 1908, Section 35B, Order 17, Rule 3 -- Dismissal of suit U.O.17.R.3 CPC - Non-payment of costs by plaintiff - Impugned order though makes reference of no, payment of Costs but trial Court not dismissed the suit on account of failure of plaintiff to pay costs by invoking S.35-B CPC - Court has not taken a serious view of failure of plaintiff to pay..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff cannot be allowed to lead evidence in rebuttal in respect of an issue, the onus of which was on the plaintiff himself - As plaintiff did not lead any evidence in affirmative much less any Handwriting and Fingerprint Expert to prove the Will to be forged, nor any right was reserved to lead..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Preponderance of probabilities - Accused has to bring on record such facts and such circumstances which may lead the Court to conclude either that consideration did not exist or that its non existence was so probable that a prudent man would, under the circumstances of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Mere denial regarding existence of debt - Not rebuttal - To rebut presumption accused may adduce evidence...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence in rebuttal - Dismissal of application - Without making any comment whatsoever on either merits of controversy between the parties, or even with regard whether the document is a genuine or forged/fabricated document or has been obtained by fraud, which is a matter left to be decided by trial Court on..........
Will -- Suspicious circumstances - Rebuttal evidence - Original Will came to light only during testimony of defendant`s witnesses - Plaintiff had no occasion to lead evidence in affirmative as onus heavily relied upon propounder of Will - Trial Court rightly permitted plaintiff to lead evidence in rebuttal...........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Presumption as to - Allegation against father-in-law and mother-in-law of deceased - Death occurred within 7 years of marriage of deceased - Demands for dowry by accused as well as husband and ill-treatment/cruelty on failure to meet the said demands is on record -..........
Evidence Act, 1872, Section 90 -- 30 years old document - Sale deed - Presumption u/s 90 of the Act - Original sale deed was tendered only at stage of rebuttal - No such sale deed was produced in affirmative evidence - It was not a case of leading secondary evidence by plaintiffs - Presumption does not apply to copy or certified copy even though 30 years old - If due..........
