Showing : 81-90 of 3086 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118(a)-- Dishonour of cheque - Presumption - Governing principles - Summarised : (i) once execution of cheque is admitted, S.139 of the Act draws presumption that cheque was in discharge of any debt or other liability; (ii) presumption u/s 139 is rebuttal presumption and onus is on accused to raise..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302-- Murder - Extra-judicial confession made by accused before PW4 - Post mortem report suggests that death of deceased was not suicidal as alleged by accused, but rather she was hanged after she had lost consciousness - Factum of commission of death by hanging corroborated by Panhchayatnama which..........
UTTARAKHAND HIGH COURT
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was ready and willing to perform his part of contract as per findings of trial Court - Overwhelming evidence to substantiate this fact is on record, more particularly notice given by plaintiff to defendant expressing that he is ready and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376(2)(n), 323, 328, 506-- Rape - Three incidents of rape stated by prosecutrix, but the same is not proved on record - Prosecutrix alleges that accused makes a false promise to marry her - But, evidence on record shows that accused disclosed all the details of his family including his wife and two daughters to prosecutrix..........
UTTARAKHAND HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 34, 201-- Murder - Circumstantial evidence - Mother of deceased stated that it was accused who came to her house and took away her son/deceased - Three last seen witnesses have seen the body of deceased being carried by accused - Accused arrested on next date and co-accused absconding - Post mortem report..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 154-- Hostile witness - Rape case - Prosecutrix and her mother turned hostile - Hostile statement of prosecutrix and her mother cannot be taken as ground to disbelieve prosecution story especially when scientific investigation and link evidence available on record connect accused with commission of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6-- Rape of girl by her real uncle (Chacha) - Determination of age of prosecutrix - Primary evidence on record shows date of birth of prosecutrix is 24.6.1998 - Prosecutrix was exploited somewhere in Nov/Dec 2013 - She at that time was therefore 15 years and 7-8 months old, thus below 18 years of age..........
GAUHATI HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Petition by husband - Allegations that wife suspecting husband of having relationship with other woman and she misbehaved with him in front of his friends several occasions - However, husband failed to prove the said allegations - On the other hand, evidence on record shows..........

Showing : 81-90 of 3086 Results