Service -- Departmental proceedings and criminal case - Standard of proof in department proceeding is lower than that of criminal prosecution - Departmental proceeding or criminal cases have to be decided only on the basis of evidence adduced therein - Truthfulness of the evidence in the criminal case can be judged only after the evidence is adduced therein and the..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- 2-G Spectrum scam - Involvement of Finance Minister - Complaint made that Finance Minister colluded with Telecom Minister in fixing price of Spectrum at 2001 level - Prayer made for detailed investigation against him - Rejected - Sustainability - No materials on record to show that Finance Minister had abused..........
Evidence Act, 1872, Section 106 -- Doctrine of Res Ipsa Loquitor - Burden of proof - Burden shifts on to man who was in control of automobile to establish that accident did not happen on account of any negligence on his part...........
Civil Procedure Code, 1908, Order 14, Rule 1, Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Passing of consideration - Burden of proof - Held, it will be on the part of defendant to show that the promissory note is not supported by consideration - According to the issue framed by trial court, it is for plaintiff to prove the passing of consideration,..........
Indian Penal Code, 1860, Section 363, 366 -- Wife married voluntarily and living with her husband without any coercion and compulsion - Wife denied that she was ever kidnapped - Wife claiming to be major but no proof thereof - Wife directed to appear before CJM who will direct I.O. to get her examined by CMO for ascertaining her age and in case she is 18 years of age or..........
Evidence Act, 1872, Section 8 -- Motive - In case of direct evidence, no, pleading and proof of motive loses its importance...........
Indian Penal Code, 1860, Section 299, 300 -- Culpable homicide not amounting to murder - Murder - Distinction between - Held, basic difference between these two offences lies in the gravity with which the offence has been perpetrated - To bring offence within the mischief of `murder', prosecution has to establish that culpable homicide was committed with definite intention..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Proof - Nothing is forthcoming from evidence on record to show that due to enmity or happening of some untoward incident with victim by family members of accused, she lodged false complaint - Evidence of victim is found quite natural and there is no reason to discard her evidence - Held, looking to the..........
Agreement to sell -- Specific performance - Hardship - Cannot be accepted in absence of pleading and proof...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance has to be proved - In case prosecution case is found doubtful or not genuine regarding proof of demand and if money was accepted by reason other than the motive or reward, mere recovery from the accused by itself would not prove the offence - Accused can take..........
