Indian Penal Code, 1860, Section 302, 392 -- Robbery and murder - Proof - Circumstantial evidence - Prosecution evidence that recovery of gold ornaments belonging to deceased at the instance of accused - Evidence produced to establish presence of accused near place of occurrence, at or about the time of commission of crime has also been found to be irrelevant because..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - When an accused has to rebut the presumption u/s 139 of the Act, the standard of proof for doing so is that of "preponderance of probabilities" - Therefore, if accused is able to raise a probable defence which creates doubts about the existence of a legally recoverable debt..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for default - Complainant remained absent on date of hearing - But he preferred an application for exemption on the said date on account of his sickness and health ground - Held, it cannot be construed that complainant was not diligent..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Sale deeds - Not bona fide - Proof - Total area of plot 4 katha 11 dhur - One of the descendants of a co-sharer who had only 1/3rd share in that plot sold entire 4 katha 10 dhur - Held, there appears to be no perversity in concurrent findings of both courts below discarding sale deeds as suspicious and not..........
Indian Penal Code, 1860, Section 364A -- Kidnapping for ransom - Proof - No charge u/s 120-B was framed against "S" - Recovery of a katta at his instance - No charge under Arms Act was framed against appellant "S" - Further, it is not prosecution's case that this katta was used to abduct PW1 - On the other hand, it is alleged that "R" was armed with such a weapon - Held,..........
Indian Penal Code, 1860, Section 326, 325 -- Grievous hurt or simple hurt - Proof - It is apparent from the MLC report that the alleged fracture was not sustained by the victim Vishambhar Singh in any incised wound - The same was found in some injury of swelling in left leg and so far sustaining other injuries are concerned, in the lack of any fracture in such other..........
Agreement to sell -- Specific performance - Ready and willing - It was not necessary that entire amount of consideration should be kept ready by plaintiff to show that he was ready and willing to perform his part of the contract and he is not required to show proof in respect thereof. (2009(1) Apex Court Judgments 739 (S.C.) : 2009(2) Civil Court Cases 001 (S.C.)...........
Punjab Land Revenue Act, 1887, Section 111 -- Private partition - Proof - Held, merely on the basis of entry of mutation, which was never sanctioned, it cannot be said that there was any private partition among co-sharers of total joint land - Non-sanctioning of mutation regarding alleged private partition and no, reflection thereof in revenue record for five long decades..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Statement of accused u/s 313 Cr.P.C. - Document filed by accused - Not admissible in evidence unless proved - Held, without there being formal proof as contemplated under the provisions of Indian Evidence Act, no document filed by accused in his examination..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Amount of Rs.7,50,000/- was involved - Inconsistent versions of complaint about subject transaction and execution of cheques - Non-mentioning of loan in income tax returns of complainant - Non-production of any bank statement - Non-filing of any books or statements of account -..........
