Indian Penal Code, 1860, Section 302 -- Murder - Proof - Murder committed by inflicting knife blows on account of previous enmity - Presence of eye-witnesses at place of occurrence proved on record - Accused arrested from place of occurrence - Knife recovered from accused stained with human blood - Occurrence took during day time - No question of mistaken identity - Proof..........
Hindu law -- Joint family property - Partition - Family arrangement - Proof - Possession of some portion of property by different parties was merely an arrangement of convenience by way of oral agreement - Held, parties may decide to live in such portions which are not worthy of partition by metes and bounds - But such arrangement/agreement is nothing more than an..........
Evidence Act, 1872, Section 101 -- Eviction petition - Burden of proof - Tenant's plea that partnership business was running in shop with consent of landlady - Held, burden lay upon tenant to establish claimed fact - Burden wrongly shifted on landlady for not admitting fact in plaint that any partnership business was started by the defendants with her consent...........
Transfer of Property Act, 1882, Section 111 -- Eviction - Sub-letting - Proof of - Tenant admitted petitioner as landlady - Tenant's plea that partnership business was running in shop with consent of landlady - Held, tenant under legal obligation to establish that partnership deed created by him to run business in shop was with consent of landlady and that he did not want..........
Electricity Act, 1910, Section 33 -- Electrocution - Death - Proof - Petitioner was examined by a doctor and there is also a police case reported to the effect that unnatural death of deceased occurred due to electric shock - No evidence has been brought on record on behalf of defendants to show that there was any possibility of death of deceased due to any other reason -..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof - Appreciation of evidence - Contention that occurrence did not take place at time as indicated by prosecution - Evidence shows that occurrence took place at 6.30 A.M., whereas postmortem was conducted on same day at 5.00 P.M. - Postmortem report reveals that rigor mortis was present on body - As per medical..........
Insurance policy -- Double Accident Benefit Policy - Electrocution - Death caused - Insurance claim - Exclusion clause - Repudiation - On the ground that alcohol beyond permissible limit was found in the deceased blood - It has come in evidence that this by itself is not adequate proof that the deceased was intoxicated at the time of his death - As rightly observed by the..........
Insurance policy -- Double Accident Benefit Policy - Electrocution - Death caused - Insurance claim - Exclusion clause - Repudiation - On the ground that alcohol beyond permissible limit was found in the deceased blood - It has come in evidence that this by itself is not adequate proof that the deceased was intoxicated at the time of his death - As rightly observed by the..........
Insurance policy -- Double Accident Benefit Policy - Electrocution - Death caused - Insurance claim - Exclusion clause - Repudiation - On the ground that alcohol beyond permissible limit was found in the deceased blood - It has come in evidence that this by itself is not adequate proof that the deceased was intoxicated at the time of his death - As rightly observed by the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 - Rebuttal of - Standard of proof - Held, presumption mandated by S.139 of the Act does indeed include the existence of a legally enforceable debt or liability - When an accused has to rebut presumption u/s 139, the standard of proof for doing so is that of `preponderance of..........
