Criminal Procedure Code, 1973, Section 482, 227 -- Quashing of proceedings - Discharge - High Court while exercising its inherent powers cannot conduct mini trial - All grounds as taken in discharge application can be examined at appropriate stage of trial - Petition for quashing rejected...........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Presumption - S.118 (a) assumes that every negotiable instrument is made or drawn for consideration, while S.139 creates a presumption that holder of a cheque has received cheque in discharge of a debt or liability - Presumptions under both are rebuttable which can be rebutted by accused by..........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Hand loan - Presumption - Probable defence on the part of accused established - Burden shifts on complainant to establish his case beyond a reasonable doubt - Complainant failed to discharge this burden as (a) well wishers in whose presence cheque was given to complainant not examined as..........
Partition suit -- Alienation by father - Father of plaintiff sold the property when plaintiff was minor for legal necessity and to discharge antecedents debts - Leave of Court thus, not arises - Mere fact that defendants to whom the property was sold not adduced any evidence to prove that they had paid valid consideration, is not fatal to proceedings, as documents relied..........
Evidence Act, 1872, Section 102 -- Onus to prove - Will - Onus of proving Will is on the propounder and in the absence of suspicious circumstances surrounding the execution of Will on proof of testamentary capacity and signature of testator as required by law, is sufficient to discharge the onus - Where, however there are suspicious circumstances, onus would be on the..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to produce any documentary evidence such as receipts or bank records to substantiate the alleged payment of Rs.14,00,000 - During her evidence, she vaguely stated that amount was adjusted from her dowry, but no further proof was submitted in support of her claim - Plaintiff also admitted that..........
Criminal Procedure Code, 1973, Section 197 -- Sanction to prosecute a public servant - Sanction u/s.197 Cr.P.C is necessary when the offences alleged against the public servant are committed by him while acting or purporting to act in the discharge of his official duty - Further, such act or omission for which the accused was charged should have a reasonable connection..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Plaintiff discharged his burden by producing two original suit promissory notes and also produced sufficient evidence - Burden shifts to defendant to rebut the evidence of plaintiff - To disprove the evidence produced by plaintiff and to discharge his burden, defendant did not enter into..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Burden is on DH to satisfy Court that JD despite having means to pay decreetal amount has failed to discharge liability under decree for Court to order for civil imprisonment - Order of civil imprisonment for not satisfying decree should be the last resort, as the same..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of complainant - Onus is not on complainant at the threshold to prove his capacity/financial wherewithal to make the payment in discharge of which the cheque is alleged to have been issued in his favour - Only if an objection is raised that complainant was not in a..........
