Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2), (3) -- Plea of juvenility - Burden of proof - When claim of juvenility is raised, burden is on the person raising claim to satisfy Court, to discharge initial burden and documents mentioned in R.12(3)(a)(i), (ii), (iii) of JJ Rule 2007 made under JJ Act 2000 or S.94(2) of JJ Act shall be sufficient..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Misuse of cheque - Absence of pleading in complaint or affidavit that cheque was issued for discharge of debt or liability - Defence of misuse of cheque substantiated from the fact that there was tampering with the cheque as word `fifty' was not legible - Defence taken was probable - In absence of..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 506, 509, 34 -- Offence u/ss 506, 509, 34 IPC - Discharge - Altercation - Beyond this nothing to show that there was any criminal intimidation or outraging of modesty - Accused rightly discharged...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Complainant apart from making a bald statement in cross examination had not produced any evidence to substantiate advancing loan - Complainant was not able to discharge onus that cheque was issued for discharge of debt or other liability as no document or books of account were produced -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undisputed signatures of accused on cheque itself is not sufficient for conviction u/s 138 of the Act - One of the ingredient for succeeding is that cheque was issued for discharge of debt or other liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signatures not disputed - Merely for this fact accused cannot be convicted, in absence of cheque having been issued for discharge of debt or other liability...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Damage to property due to riots or use of violent means - Repudiation of claim on basis of exclusion clause in policy regarding loss or damage caused by acts of terrorism - Insurance company failed to discharge the burden of bringing the case within four corners of exclusion clause - Insurance company is bound..........
Service -- Discharge/termination - Suppression of material information and false declaration regarding criminal case regardless of fact whether there is a conviction or acquittal has been recorded, employee is not to be discharged/terminated axiomatically from service just by stroke of pen...........
Service -- Discharge/termination - Suppression of material information and false declaration regarding criminal case - At the threshold, complainant filed his affidavit that complaint on which FIR came to be registered was due to misunderstanding and he did not want to pursue his case any further but still charge sheet came to be filed and on the first date of hearing,..........
Evidence Act, 1872, Section 101, 102, 103 -- Suit for declaration of title - Burden of proof - Entire burden in a suit for declaration of title is upon plaintiff - Once plaintiff fails to discharge said burden, howsoever bad is the defence of defendants, that will not come to the aid of plaintiff...........
