Evidence Act, 1872, Section 112, 114 -- DNA test - Rape case - Accused cannot be compelled to undergo DNA test - However, presumption would be drawn against him if he does not choose to undergo DNA test...........
Evidence Act, 1872, Section 112, 114, Indian Penal Code, 1860, Section 376, 417 -- DNA test - Rape case - Allegation that accused cohabited with prosecutrix on the false promise of marriage as a result she become pregnant and gave birth to a child - However, during cross-examination defence put a suggestion that accused has not fathered the child born to prosecutrix - In..........
Evidence Act, 1872, Section 114, Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Plaintiff not entering the witness box - Plaintiff must prove facts within his personal knowledge by appearing in witness box - Statement of Power of Attorney qua such facts not admissible - In such a situation an adverse inference has to be drawn against plaintiff...........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 114, 32 -- Abetment of suicide - Presumption - Dying declaration - Evidence on record shows that deceased committed suicide due to cruelty and harassment by her i, laws - But deceased stated in her dying declaration that she consumed poisonous tablets by mistake - Accused took the deceased to hospital as..........
Evidence Act, 1872, Section 114 -- Presumption of marriage - Long cohabitation continuously for a long time - Law presumes in favour of marriage - Law presumes in favour of marriage and against concubinage, when a man and woman have cohabited continuously for a long time - However, the presumption can be rebutted by leading unimpeachable evidence - A heavy burden lies on a..........
Evidence Act, 1872, Section 133, 114(b) -- Accomplice - Conviction based on uncorroborated testimony of an accomplice is not illegal as an accomplice may be unworthy of credit as an accomplice is likely to swear falsely in order to shift the guilt from himself...........
Evidence Act, 1872, Section 114(a) -- Presumption u/s 114(a) of Evidence Act cannot be stretched to commission of murder by accused when Court is not in a position to know the actual details of occurrence and should adopt a cautious approach...........
General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Indian Post Office Act, 1898, Section 3, 14 -- Notice - Sent by registered post - Received back with postal endorsement `Refusal' - There is presumption of service of notice unless rebutted - When sendee/addressee denies service of registered letter then onus to produce postman is on him - In case he..........
Evidence Act, 1872, Section 114, General Clauses Act, 1897, Section 27 -- Registered post - `Not claimed' - Deemed service - Failure of party to claim notice sent through registered post at his last known address can be taken as `deemed service'...........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Notice - Complaint silent about service of notice - There is presumption of service of notice when it is sent to correct address by registered post - Held, it is not necessary to aver in..........
