Evidence Act, 1872, Section 101, 31 -- Burden of proof - Admission - Admission must be clear and unambiguous to relieve the other party of burden of proof...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Harassment or cruelty soon before death - Proof of - PW1, father of deceased not stated in his evidence that there was demand of television, tape recorder and two sovereigns of gold jewels by appellants - He says that his daughter came to his house two months prior to her death and told him that she would not be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof - Signature in the cheque is admitted and so also its issuance - There is no case that particulars were filled up by complainant - Complainant's evidence was acceptable by both courts below - Accused was unable to explain the circumstances under which complainant came into possession of the cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof - Evidence shows that cheque was issued to discharge debt due to complainant and on presentation it bounced for want of funds - Accused had no acceptable explanation as to how the cheque happened to come into possession of complainant - Admittedly the cheque contains signature of accused - Nothing..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Proof - Accused signed the cheque and issued it - Cheque pertains to the account maintained by accused with her banker - Complainant was able to prove that there was a loan transaction between complainant and accused in discharge of which debt the cheque in question was issued - Statutory notice..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 - Rebuttal of - Standard of proof - Held, a presumption which has to be raised by Courts as required u/s 139 of the Act in favour of complainant need not be rebutted by accused by adducing any positive evidence - It is enough on his part to show the circumstances in his favour..........
Evidence Act, 1872, Section 8 -- Murder - Quarrel with deceased - Motive - Proof of - Held, merely because there was a motive on part of accused No.1 to quarrel with deceased, it does not mean that accused No.1 has gone to the extent of committing murder of his brother - Material on record, no doubt, reveals that quarrels used to take place between brothers and civil..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof - Contention of accused that Co-operative bank had advanced some amount to accused for the purpose of supplying rice to various ration shops by Co-operative Bank and he had only handed over signed blank cheque leaves to Bank - No records with Co-operative Bank showing such payment of advance..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 53, 7A, Indian Penal Code, 1860, Section 302 -- Claim of juvenility - Proof of date of birth - CW4, record keeper, had testified that revisionists date of birth was not entered by him - Revisionist failed to bring on record as to who had recorded his date of birth in the register - Held, a record keeper..........
Hindu Succession Act, 1956, Section 6 -- (As amended) Partition - Mesne profits - In absence of any pleadings and proof and in absence of any enabling legal provision to award mesne profits in a suit for partition, plaintiff is not entitled to mesne profits or maintenance...........
