Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Standard of proof for rebutting presumption is not as high as that required of the prosecution - So long as the accused can make his version reasonably probable, the burden of rebutting the presumption would stand discharged - Presumption is rebuttable on a preponderance of..........
Indian Penal Code, 1860, Section 364, 302, Evidence Act, 1872, Section 106 -- Kidnapping for ransom - Ransom not paid - Inference of consequential murder of the kidnapped person is liable to be presumed - When factum of kidnapping is proved the onus shifts on the kidnapper to establish how and when the kidnapped individual came to be released from his custody - In the..........
Succession Act, 1925, Section 63, Evidence Act, 1872, Section 68 -- Will - Execution of - Proof - DW1 categorically deposed that Will was executed by testator in his presence and also in presence of another attesting witness - Both of them have subscribed their signatures after witnessing execution by testator who also witnessed their attestation - Held, Will has been..........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Basis for appreciation of evidence in a civil or criminal case are the same - As in a criminal case life and liberty of a person is involved, Courts have created the requirement of a high degree of proof...........
Indian Penal Code, 1860, Section 376 -- Rape - Proof - Prosecutrix not consistent while deposing in Court and as such she cannot be said to be a reliable witness - She stated that her father-i, law and mother-i, law asked her to implicate accused/appellant in a false case - Even medical report of prosecutrix does not indicate anything regarding her being subjected to rape..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Proof - Defendant has established before Court that infact he paid a sum of Rs.25 lacs just 2 years prior to present litigation not only to mother, but also to plaintiff - He has also established that plaintiff who owned sizeable immovable property disposed of the same - Held, plaintiff failed to establish..........
Will -- Execution - Proof - Settled position of law is that a Will is mandatorily required to be attested by two witnesses in terms of S.63 (c) of Succession Act, 1925 - Requirement of S.68 of Evidence Act has also to be complied with for proof of Will which lays down mode of proof - It envisages that it is not necessary to call more than one attesting witness to prove..........
Evidence Act, 1872, Section 69 -- Proof of document where no attesting witness is found - S.69 requires the fulfillment of two conditions viz. (i) proving that the attestation of one attesting witness at least is in his handwriting and (ii) proof the signatures of the executants in his handwriting - Both these requirements need to be fulfilled by the same witness...........
Evidence Act, 1872, Section 90 -- Thirty years old document - Proof of execution - - Applicability of S.90 - Pre-requisite conditions - Held, for application of S.90 there are two pre-requisite conditions - Firstly that document is thirty years old and second is that same has been produced from a proper custody - If aforenoted twin conditions are fulfilled, then, Court may..........
Wakf Act, 1995, Section 54 -- Administration of Wakf - Suit for injunction - Construction of Wakf property - Both parties failed to produce statements of accounts or any proof to show that they had means to erect improvements - In absence of proof, it could be presumed that constructions were effected directly through Mutavalli or through persons authorized by Mutavalli..........
