Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Admission made by witnesses of defendant that defendant owns and is staying in a house close to suit property is sufficient proof that defendant was not in possession of suit property and is not residing in the property - Concurrent findings of Courts below that plaintiff is in..........
Hindu Succession Act, 1956, Section 15 -- Property of Hindu female dying intestate - Property purchased in the name of deceased/Hindu female - In the absence of any deed of gift or Will, estate of deceased would have to devolve in terms of S.15 of the Act - Defendant failed to discharge the initial burden of proof to show that property was gifted to him - Preliminary..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for possession - In a suit for possession, burden of proof lies on plaintiff...........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Delay in reporting the seizure to Magistrate - Directions issued: (i) Police officer concerned shall inform bank whether seizure of bank account has been reported to jurisdictional Magistrate and if not, time limit within which seizure will be reported - If no intimation as to compliance or proposal..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey knowing Commissioner - Neither there is any dispute with regard to description of suit property nor there is any issue regarding the nature of possession of parties - Petition U.O.39.R.2-A CPC is also pending for alleged violation of interim order of injunction - Onus of proof of alleged encroachment by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of notice - Legal notice was sent on 19.12.2018, therefore, for want of any specific averment and proof of service, if the presumption of service of notice in reasonable time is raised, it should be deemed to have been served at best within a period of 30 days, from the date of its post i.e...........
Agreement to sell -- Suit for specific performance - Order as to refund of Rs.18 lakhs - Advance sale consideration paid Rs.3 lakhs - Subsequent advance payment of Rs.15 lakhs - Proof of subsequent advance payment - Ordinarily, in an endorsement of payment of money, party signs first and witnesses put their signature below that endorsement - However, in the instant case..........
Protection of Children from Sexual Offences Act, 2012, Section 16 -- Abetment - In order to constitute abetment, the abettor must be shown to have "intentionally aided" the commission of crime - Mere proof that crime charged could not have been committed without the interposition of alleged abettor is not enough compliance with the requirements of S.16 of POCSO Act...........
Will -- Proof - Mere admission about photograph and signatures of testatrix on the Will would not dispense statutory requirement of its attestation as envisaged u/s 63 of Succession Act...........
Will -- Proof - None of attesting witnesses has been produced so as to prove valid attestation and execution of Will in question - Though explanation given that attesting witnesses were dead, however, no effort was made to prove the Will in terms of S.69 of Evidence Act - Mere admission about photograph and signatures of testatrix on the Will would not dispense statutory..........
