Indian Penal Code, 1860, Section 376 -- Rape - Proof of age - School certificate is the best evidence - So far as the medical evidence is concerned, since it has margin of error, it would be taken into consideration only when primary evidence which is found in the birth certificate or school certificate is not available...........
Document -- Old sale deed - Consideration - Proof - Vendor and vendee dead - Recital in old sale deed relating to payment of consideration is admissible...........
Criminal Trial -- Stage of trial - Standard of proof - Held, standard of proof normally adhered to at final stage is not to be insisted upon at stage where consideration is to be confined to find out a prima facie case and decide whether it is necessary to proceed to next stage of framing charges and making accused to stand trial for same...........
Pronote -- Execution - Death of person who is alleged to have executed the document - Denial of passing of consideration - Attesting witness turning hostile - Court, relying upon its own comparison of disputed signatures with admitted one unaided by expert evidence, coming to conclusion that signature is genuine and on basis of such finding decreeing suit - Decree is not..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - High Court not to interfere except in cases where it is found that the Courts below ignored the weight of preponderating circumstances and allowed the judgments to be influenced by inconsequential matters, where the concurrent findings of facts are vitiated by non-consideration of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Debt and liability - Payment stopped on the ground that cheques were not supported by consideration - Under Section 139 it has to be presumed that cheques were issued in discharge of debt or other liability - Burden of proof is on accused that cheques were not supported by consideration...........
Negotiable Instruments Act, 1881, Section 118(a) -- Promissory note - Once execution is proved there is presumption of consideration - The defendant can prove the non-existence of consideration by raising a probable defence - Once the defendant proves the initial onus of proof showing that the existence of consideration was improbable or doubtful or the same was illegal,..........
Specific Relief Act, 1963, Section 20 -- Agreement to sell - Suit for specific performance - Land owned by father and son in equal shares - Agreement proved to be executed only by son and not by father - No proof that father also received his part of consideration money - Evidence produced indicating that father not willing to sell the land - Agreement thus executed by..........
Agreement to sell -- Suit for specific performance - Presence of plaintiff in the office of Sub Registrar with the sale consideration and also with the amount required for the purpose of stamp duty and registration expenses - Proof - Affidavit attested by Sub Registrar recording the presence of the plaintiff with the balance sale consideration - Proved by reader to the..........
Transfer of Property Act, 1882, Section 54 -- Benami - Burden of proof - Tests for determination - Burden of proving that purchase is benami and that purchaser is not real owner, rests on party asserting it to be so - Source from which purchase money came, relationship between person who paid purchase money and alleged benamidars, custody of title deed and conduct of..........
