Evidence Act, 1872, Section 102 -- (Bharatiya Sakshya Adhiniyam, 2023, S.105) - Burden of proof - Burden is always on party who approaches Court for relief sought in his case and not on weakness of other side - Party litigant has to prove his case on the strength of his own by substantial evidence to discharge onus cast on him, irrespective of question whether the other..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Victim was employed as a driver on a fixed monthly salary of Rs.10,000 - Salary certificate of deceased is further corroborated by affidavit sworn by victim's employer - Determination of income must be founded on proof placed on record and cannot rest on conjecture or..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 47, 48 -- Bail - Notice u/s 48 BNSS sent by whatsapp messages - But, there is no proof of service available - In absence of actual service, it cannot be held that there was due compliance with the provision of S.48 BNSS - Arrest of petitioners is rendered illegal - Bail granted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 48 -- Non intimation of grounds of arrest to relatives of accused - Relatives of accused persons show that they are residents of Manipur - Manipur at the time of occurrence was still a highly disturbed area with sporadic incidents of ethnic violence and it could not have been very easy to serve such notices to said persons..........
Indian Penal Code, 1860, Section 498A -- Cruelty - While absence of prior complaint is not conclusive proof of absence of cruelty, it is nonetheless a factor that weighs in judicial evaluation, particularly when allegations against certain relatives lack specificity - Criminal liability cannot be inferred on basis of mere presence in matrimonial home...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Mere act of purchasing immovable property, even multiple units, cannot ipso facto attract exclusion clause of S.2(1)(d) of the Act unless and until it is proved that dominant purpose behind such purchase was commercial in nature - In absence of such proof, appellants cannot be excluded from definition of consumer..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by power of attorney holder - No specific averment in complaint that attorney holder witnessed the transaction as an agent of company or that he is having knowledge regarding transactions and execution of cheque - His proof affidavit shows that he became conversant with facts of case..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Strict proof of marriage is not necessary for grant of maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - For the purpose of getting maintenance u/s 125 Cr.P.C. (S.144 BNSS), if a woman was earlier married to another person, there has to be reasonable proof that said marriage has been dissolved followed by marriage to person from whom she seeks maintenance...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Earlier marriage of wife with one `M' is an admitted position - Wife could not adduce sufficient evidence in support to show that said earlier marriage was lawfully dissolved and that she is no longer his legally wedded wife - Reference to affidavit in..........
