Evidence Act, 1872, Section 101, 102 -- Suit for possession based on title - Once plaintiff is able to create a high degree of probability so as to shift the onus on the defendant it is for the defendant to discharge his onus and in the absence thereof, the burden of proof lying on plaintiff shall be held to have been discharged so as to amount to proof of the plaintiff's..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Objections not pertain to execution, discharge or satisfaction of decree in true sense, but is an attempt to obstruct its enforcement on grounds which either stood concluded in the suit or are otherwise untenable at the stage of execution - Objection rightly rejected...........
Service -- Regularization - Ad hoc employees - Long service of appellants cannot be disregarded for regularization in lieu of artificial breaks in services and by leveling initial employment as ad hoc, particularly when appellants were consistently re-engaged, save for short breaks and continued to discharge their duties to satisfaction of appointing authorities on same..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Where alleged act has a reasonable nexus with discharge of official duty, protection u/s 197 Cr.P.C. is attracted - Test is not whether the act was strictly lawful but whether it was performed in the course of official duty or had a reasonable connection with such duty - Even if the act is alleged to..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 451, 427, 147 -- Sanction for prosecution - Offence u/ss 323, 451, 427, 147 IPC - Petitioner acted under directions of Commissioner and proceeded in a bona fide manner while taking action regarding removal of encroachment - In such circumstances, acts complained of cannot be said to be wholly..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has failed to produce any evidence to rebut presumption of proper service - He failed to discharge initial burden - There was thus, no obligation on plaintiffs to produce process server as a witness - Suit remained pending from 2008 till 2022, when ex-parte decree was passed -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Question whether a cheque was issued by way of security or in discharge of a legally enforceable debt is essentially a matter of evidence and cannot ordinarily be adjudicated in proceedings u/s 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Payment of cheque amount - It has to be understood as valid offer and acceptance of legally enforceable discharge which may be cash, manager's cheque, demand draft or may even be a mix of all the above and may also include a renewed cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Payment of cheque amount - Mode of payment - Statute does not prescribe any specific mode of payment - Making of payment thus entails a legally valid tender and does not press/pose a cash payment alone - It has to be understood as a valid offer and acceptance of legally enforceable discharge..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objection by transferee pendente lite - Appellant is a purchaser post-arbitral award for recovery of amount - Execution proceeding was pending when sale deed was entered into between respondent No.2 and appellant - Moreover, appellant failed to discharge the onus on sale being without notice of..........
