Indian Penal Code, 1860, Section 302,304 -- Part I -- Murder - Culpable homicide not amounting to murder - Proof - No previous enmity between appellant and deceased - Incident took place without premeditation - Time gap between heated exchange of words and second incident of stabbing is only of 2-3 minutes - Held, clearly indicates that it was a sudden fight and there was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 21 -- Provision of S.50 of the Act is mandatory - Non compliance with the mandatory provision - Accused is entitled to acquittal - Accused cannot be convicted on the basis of proof of prosecution case when there is non compliance with the mandatory provision of S.50 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Legally enforceable debt or other liability - Discharge of onus by accused - Held, accused can discharge onus by relying upon S.114 of Evidence Act while adducing evidence as to common course of natural events, human conduct and public or private business to prove no,..........
Rent and Eviction -- Sub letting - To prove subletting production of affirmative evidence showing payment of monetary consideration by sub-tenant to the tenant is not necessary - Inference as to subletting can be drawn from proof of delivery of exclusive possession of the premises by tenant to sub-tenant...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 53A -(As inserted w.e.f. 23.06.2006) - Rape - DNA test - With incorporation of S.53-A Cr.P.C. w.e.f. 23.06.2006 it has become necessary for the prosecution to go in for DNA test in such type of case, facilitating the prosecution to prove its case against the accused - Even prior to the insertion..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Eviction petition of tenant from a shop on ground of personal necessity - Proof of - Held, a NRI landlord is required to prove that (i) he is a NRI (ii) he has returned to India and required property for his use or for use of any one ordinarily living with him and dependent on him (iii) his..........
Evidence Act, 1872, Section 112, Hindu Adoptions And Maintenance Act, 1956, Section 11, Will -- Legitimacy of child - Presumption - DNA test - Birth during continuance of valid marriage - Held, conclusive proof of legitimacy of child born - Conclusiveness of such presumption cannot be rebutted by DNA test - Proof of non-access to each other is the only way to rebut that..........
Evidence Act, 1872, Section 112, Hindu Adoptions And Maintenance Act, 1956, Section 11, Will -- Proof of - Suspicious circumstances - Attester and scribe of will does not say that will was drafted to the dictation and information of executor - As per their evidence executor having understood the contents affixed his thumb impression - Deceased was suffering from asthma -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution/drawn - Proof of - Mere production of a cheque or marking the same as an exhibit does not prove that the cheque is 'drawn' by the accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution/drawn - Proof Contents filled by a person other than accused - In such cases, the person who actually wrote in the cheque can be examined to prove that he filled up the cheque, under instruction of accused or at his instance...........
