Criminal Procedure Code, 1973, Section 227 -- Discharge - Application to discharge cannot be dismissed on the ground that earlier an application to quash prosecution was dismissed - Grounds for quashing a criminal proceeding and reasons for allowing or disallowing an application for discharge are completely different - Impugned order dismissing application to discharge set..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where a party on whom onus of proving a certain point lies fails to discharge the onus, he is not entitled to a fresh opportunity to produce evidence, as Court can in such a case, pronounce judgment against him and does not require any additional evidence to enable it to pronounce..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed in question is null and void - Plaintiffs contended that suit property is ancestral property - Burden to prove that suit property was self acquired property of husband of vendor was on appellant/purchasers - Appellants failed to discharge such burden - Since husband of vendor did not have an..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Rejection of application - Court to state reasons with reference to the material on record on which reliance is placed by Court to formulate an opinion to reject the application for discharge...........
Agreement to sell -- Specific performance - Readiness and willingness - Certificate issued from office of Sub-Registrar confirming presence of plaintiffs before Sub-Registrar for execution of sale deed on the particular date cannot be construed as conclusive evidence to no, suit defendants, particularly when no further evidence was led by plaintiff to demonstrate..........
Adverse possession -- Onus to prove - Plaintiff claiming adverse possession - Onus therefore lay on plaintiff to establish possession as a fact coupled with that it was open, hostile and continuous to knowledge of true owner - Since plaintiff failed to discharge the onus, adverse possession, held, not proved...........
Specific Relief Act, 1963, Section 37 -- Injunction - Public street - Onus to prove that a public street indeed exist at the spot and was being used as such is upon plaintiff, which he failed to discharge for lack of cogent evidence - Alleged street was left and brick paved by Gram Panchayat as per plaintiff - However, no evidence led in respect of his claim - Mere opening..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for declaration and injunction - Defendants not admitted the case of plaintiff in toto - Pleadings disputed by defendants by filing written statement and additional written statement - Ingredients of O.18.R.1 CPC not satisfied - Plaintiffs have to discharge burden of proof of facts alleged in the plaint..........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 19 -- Discharge - Sanction for prosecution - Issue relating to invalidity of sanction for prosecution is to be raised during trial and not at the stage of considering discharge application...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Conclusion regarding statement of accused made to police during investigation is not admissible and procedure adopted during investigation is found to be defective, would arise for consideration only during trial not at the stage of discharge application...........
