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, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint on its face discloses ingredients constituting an offence u/s 138 of N.I Act - Even if plea of petitioner that cheque was issued as security or that liability stood discharged, is taken at face value, such pleas are matters..........
Evidence Act, 1872, Section 102 -- (Bharatiya Sakshya Adhiniyam, 2023, S.105) - Burden of proof - Burden is always on party who approaches Court for relief sought in his case and not on weakness of other side - Party litigant has to prove his case on the strength of his own by substantial evidence to discharge onus cast on him, irrespective of question whether the other..........
Criminal Procedure Code, 1973, Section 407, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- Transfer of matrimonial case - Husband stated that he met with accident and sustained injury to his leg and he is not able to travel from Bengaluru to Chikkamagaluru to lead evidence - Said aspect is not made out a ground in the petition to be considered - Application..........
Civil Procedure Code, 1908, Order 9, Rule 8, 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Plaintiff is not disclosing his source of information and date of knowledge about impugned order from whom he found that suit is dismissed for default - Therefore, Court can draw an inference that plaintiffs had knowledge..........
Evidence Act, 1872, Section 112 -- (Bharatiya Sakshya Adhiniyam, 2023, S.116), Civil Procedure Code, 1908, O.26.R.10-A - DNA test - Maternity of child - When a female counterpart is not disputing her marriage with a male but she is denying the fact that a child is not her own then it is not a case of testing paternity but rather a case to decide maternity of child...........
Evidence Act, 1872, Section 112 -- (Bharatiya Sakshya Adhiniyam, 2023, S.116) - DNA test - Person cannot be forced to undergo a paternity or maternity test, but a direction can be issued to a person to undergo a DNA test - If anyone does not appears for DNA test or denies to undergo test then, issue would be determined by Court by drawing a presumption of nature..........
Evidence Act, 1872, Section 112 -- (Bharatiya Sakshya Adhiniyam, 2023, S.116) - DNA test - Word "son" with "child" is merely replaced u/s 116 BNS - It did not contemplate a scenario where a female may also deny fact that child is hers...........
Criminal Procedure Code, 1973, Section 92, Evidence Act, 1872, Section 65B -- Telephonic conversations contained in pen drive - No evidence on record to identify voice of deceased - In absence of any accepted and definite evidence identifying voice of deceased, even if pen drive containing alleged conversation is taken on record, prosecution would have no evidence to prove..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Victim was employed as a driver on a fixed monthly salary of Rs.10,000 - Salary certificate of deceased is further corroborated by affidavit sworn by victim's employer - Determination of income must be founded on proof placed on record and cannot rest on conjecture or..........
