Evidence Act, 1872, Section 17, 58 -- No document filed in rebuttal of Will - Does not amount to admission of Will...........
Prevention of Corruption Act, 1988, Section 7,20 -- Illegal gratification - Presumption against accused - Rebuttal - Held, statutory presumption u/s 20 of the Act can be dislodged by accused by bringing on record some evidence, either direct or circumstantial, that money was accepted other than motive or reward as stipulated u/s 7 of the Act - It is obligatory on part of..........
Prevention of Corruption Act, 1988, Section 7,13,20 -- Illegal gratification - Presumption - Rebuttal - Burden rests on accused to displace the statutory presumption by direct or circumstantial evidence to establish with reasonable probability, that money was accepted other than as a motive or reward as referred to in S.7 of the Act - Court is required to consider the..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal - Right to lead evidence in rebuttal arises only if defendant lead any evidence in affirmative on the issue, the onus of which is on him...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Presumption as to - Rebuttal of - Both courts below after scrutinizing the evidence have concurrently upheld the validity and genuineness of registered adoption deed - There is no pleading in the objection filed by appellant to the effect that wife of "R" did not give her consent to adoption - But even..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal - Building expert - Can be allowed to be examined in rebuttal evidence when defendant alleges that plaintiff has raised construction of his house by encroaching some portion of his land - Court is required to find out whether plaintiff has raised construction over the land belonging to the defendant - Examination of..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114(f) -- Dishonour of cheque - Service of demand notice - Presumption as to - Held, once it is established that notice was sent under registered post with acknowledgment due, prepaid and correctly address, requirement of S.138 of the N.I. Act shall be deemed..........
Possession -- Plaintiff filed suit against defendants alleging that he is co-owner to extent of half share in suit land - He proved that defendants have encroached upon suit land - No rebuttal to credible evidence led by plaintiff - Defendants have also not claimed ownership over suit land nor claimed adverse possession thereon - Held, defendants are in illegal possession..........
Indian Penal Code, 1860, Section 498A, 304B -- Order of acquittal - Sustainability - Sessions Judge gave a categorical finding that death of woman had not occurred within seven years of her marriage - This finding is based on evidence lead by defence - Held, finding does not suffer from any illegality or there is wrong appreciation of evidence - It was duty of prosecution..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption as to - Rebuttal - Lease transaction was between mother of accused and complainant - All the balance amount was paid by mother of accused to complainant - Held, question of accused being due of any sum towards repayment of lease amount, therefore, does not arise - Notwithstanding the..........
