Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Conducting of DNA test can only be directed, when case falls outside the presumption as provided u/s 112 of the Act...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Husband and wife were living together at the time of birth of child - Husband thus, was having access for cohabitation - Question regarding presumption u/s 112 of the Act does not arise...........
Protection of Children from Sexual Offences Act, 2012, Section 10, 12, Indian Penal Code, 1860, Section 454, 506(II) -- Aggravated sexual assault on 7 years old boy - Testimony of victim - Alleged offence was committed with victim of tender age who got frightened by threats extended to him by accused - Statement of victim is of sterling quality - Inconsistencies,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint was filed by misusing the blank signed cheque and stamp paper handed over by accused as security for amount advanced to his sister - Evidence is thoroughly insufficient to prove payment of amount of Rs.30 lakhs to accused - Presumption u/ss 118(a), 139 of the Act not attracted - Although..........
Protection of Children from Sexual Offences Act, 2012, Section 29 -- Presumption of guilt - Prosecution is only required to lay foundation facts which disclose commission of offence by accused persons - Once same has been done, it is accused who has to rebut the presumption of guilt...........
Tenancy -- Plaintiffs failed to prove creation of tenancy in favour of their predecessor-in-interest by State - They could not succeed in the suit simply by taking benefit of revenue entries which existed for few years - Once the very basis of initial revenue entries was not legal, no presumption of truth could be attached to such entries - Suit for declaration of..........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3) -- Determination of age of victim - Kidnapping and sexual assault - No certificate regarding age of victim girl has been exhibited by any of PWs to prove age of victim - Seizure list may not be regarded as a substitute of birth certificate for the purpose of R.12(3) of JJ Rules when no explanation..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Financial capacity - Not questioned at the very first instance by not replying the statutory notice - In such situation burden to prove case beyond reasonable doubt cannot be shifted upon complainant - Statutory presumption u/s 139 of the Act continued and it was for accused to discharge the onus by..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signature of accused on cheque is genuine and nor forged as per forensic examination - Defence of accused is that his cheque book had been fraudulently obtained by complainant by forging his application - However, bank witness deposed that other cheques from same cheque book issued by..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Pre-requisites to raise presumption u/s 304-B IPC and S.113-B of Evidence Act not fulfilled - Mere death of deceased being unnatural in matrimonial home within seven years of marriage will not be sufficient to convict accused u/ss 304-B, 498-A IPC...........
