Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(m), 29, Indian Penal Code, 1860, Section 376(1) -- Penetrative sexual assault/rape - Proof - Medical evidence disclosed no external or genital injury, no vaginal laceration or perineal tear, and no spermatozoa on swab, secondary sexual characters not developed - Presence of semen on pant alone does not..........
Evidence Act, 1872, Section 114 -- Adverse inference - Non-appearance of plaintiff in the witness box - Presumption can always be drawn against him that case pleaded by him, is not correct - However, it is a rebuttal presumption - If said presumption is successfully rebutted by other cogent evidence on record, said presumption would not be material and applicable...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - At the stage of issuance of process, statutory presumption u/s 139 of the Act cannot be dislodged in a summary manner merely by contending that cheque issued was not for any legally enforceable debt or liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once basic ingredients of S.138 of the Act are duly satisfied by complainant, rebuttal of statutory presumption by drawer can only be made during course of trial...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When basic ingredients of S.138 of the Act stand duly satisfied and statutory presumption u/s 139 of the Act gets triggered, coming to a conclusion that cheque was not issued for a legally enforceable debt at pre-trial stage itself without granting an opportunity to complainant to..........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Discrepancies in statements of crucial witnesses PW1 and PW2 - Refusal of medical examination of victim child also gains significance - Victim specifically stated that appellant had brushed his leg against hers but during her deposition before trial Court, 8 months later she failed to..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Divorce proceedings - Husband neither specifically pleaded nor attempted to establish non-access between himself and wife during relevant period - In absence of such foundational pleading and material statutory presumption u/s 112 of the Act remains intact - Application rightly rejected...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Divorce proceedings - Husband directly seek DNA examination without first discharging burden of rebutting presumption of legitimacy, which is not countenanced in law - Permitting such a course would render protection u/s 112 of the Act invalid...........
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 -- Dishonour of cheque - Demand notice - Non production of service report or track report - By itself not a ground to dismiss complaint at the threshold, particularly when complainant has asserted that notice was duly dispatched on correct address of accused - Question whether notice was actually served or not is essentially a..........
