Service -- Departmental enquiry - Proof of charges - Proof is that of preponderance of probability and not proof beyond reasonable doubt...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Proof - Accused received demand notice but failed to reply - In her statement u/s 313 of the Code accused has denied everything including availing of loan, issuance of cheque, receipt of statutory notice, etc. - She has not explained any of the incriminating circumstances appearing against her in..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Proof - Confrontation between two parties on previous date - On date of occurrence appellants were lying in wait for deceased - Surprise attack on deceased by appellants - All the three accused persons belabored deceased and continued assault and aggression even when deceased had fallen to ground -..........
Adverse possession -- Co-sharer - Plea is not available in absence of pleading and proof of ouster of co-owner in respect of whose share adverse possession is claimed - Even otherwise, claim for acquisition of ownership by way of adverse possession is being looked down upon by the Courts as an affront to human rights...........
Evidence Act, 1872, Section 101, 102, 103 -- Burden of proof and onus of proof - Distinction - Burden of proof lies upon the person who has to prove a fact and it never shifts, but the onus of proof shifts...........
Evidence Act, 1872, Section 101, 102, 103 -- Burden of proof - Lies on the party who substantially asserts the affirmative issues and not the party who denies it and the said principle may not be universal in its application and there may be an exception thereto...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Variance in pleading and proof - Not causing prejudice to the defendant and not taking him by any kind of surprise - Such variation is immaterial...........
Will -- Execution - Proof - Pendency of criminal case against attesting witnesses and plaintiff - Not a ground to reject the material evidence adduced in Civil Court to establish the execution of Will - In fact, criminal prosecution was stayed sine die facilitating the termination of the civil case filed by plaintiff on the strength of the very same Will...........
Indian Penal Code, 1860, Section 376, 363, 366, Evidence Act, 1872, Section 3, 114 -- Kidnapping - Rape - Proof - Prosecutrix and accused were known to each other and had developed intimacy - Grandmother of prosecutrix had seen her leaving with accused on fateful day - She also admits that she did not inform anyone about this fact - She had never raised any alarm even when..........
Will -- Proof - It has to be proved not only by proving the signature of the executor but it should be found to be free from any suspicious circumstances...........
