Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Cheques in question issued towards refund of security deposit to the tune of Rs.9,00,000 made by complainant when he had taken flat owned by accused on rent - However, complainant continued to occupy subject flat for a period of nearly 5 years beyond the last date of rent agreement without paying any..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Indian Penal Code, 1860, Section 304B, 498A -- Cancellation of bail - Dowry death - Cruelty - Allegations against father-in-law and mother-in-law - A-2 and A-3 had a principal role in pressurizing the deceased with repeated demands for expensive items and subjecting her to relentless cruelty - It emerges that..........
Indian Penal Code, 1860, Section 468, 471, 109, 120B -- Forged documents - Allegation that postal cover in which the forged marksheet was purportedly transmitted, bore handwriting of appellant - However, postal cover could not be exhibited in evidence - Non-exhibiting of original document would lead to the only possible inference that postal cover was never proved as per..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Indian Penal Code, 1860, Section 304B, 498A -- Cancellation of bail - Dowry death - Cruelty - Allegations against father-in-law and mother-in-law - A-2 and A-3 had a principal role in pressurizing the deceased with repeated demands for expensive items and subjecting her to relentless cruelty - It emerges that..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Petitioner failed to show that she exercised due diligence in producing documents in question - There was no reference in pleadings about said documents - Documents in question were not required to pronounce a satisfactory judgment - Plaintiff as of right not entitled for a fresh..........
Evidence Act, 1872, Section 112 -- DNA test - Court cannot order DNA test so as to conduct a roving inquiry and to collect evidence for parties...........
Evidence Act, 1872, Section 112 -- DNA test - In a declaratory suit where plaintiff is claiming ownership of property on the basis of inheritance, he cannot be subjected to a DNA test against his wishes...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Strict rules of evidence used in criminal trials do not apply in compensation cases under Motor Vehicles Act - Instead, standard of proof is based on preponderance of probability...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Contributory negligence - No sufficient evidence on record indicating that accident occurred due to negligent driving on the part of deceased - Even on the basis of allegation simpliciter, it cannot be presumed that accident occurred due to rash and negligent driving of both the vehicles for having driven at high speed -..........
Evidence Act, 1872, Section 101 -- Burden of proof - Suit for permanent injunction - Initial burden lies on plaintiff to prove that he was in actual and physical possession of property as on the date of suit...........
