Criminal Procedure Code, 1973, Section 378 -- Appeal from acquittal - To be judged by a standard different from that applicable to those against conviction - Initial presumption of innocence is strengthened by acquittal from the trial court - The court of appeal will interfere only if it is proved, without any doubt not only that the accused person is guilty but that he..........
Civil Procedure Code, -- Suit for permanent injunction restraining defendants from interfering in lifting of sand and quarry by plaintiff from land shown as Shamlat Den Hasab Rasad Khewat Malkan and as such belonging to Sanjhi Bhumi Committee who had entered into agreement with plaintiff - Sand is `mineral' as defined in Section 3(a) of Mines and Minerals (Regulation and..........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 10, Constitution of India, 1950, Article 215 -- Contempt of Court - Wilful disobedience must be proved beyond all shadow of doubt - Knowledge about ad interim order cannot be presumed on the basis of bald allegations about its communication to the Counsels for non-petitioners -..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Violation - Proof - The provisions for punishment of violating the order of injunction are to be strictly applied and this should be proved by preponderance of probability - New construction in violation of injunction when commenced to be proved by positive evidence and in absence of such positive evidence,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204 -- Complaint - Presumption of truth - When a man files a complaint and supports it by oath rendering himself liable to prosecution and imprisonment if it is false, he is entitled to be believed unless there is some apparent reason for disbelieving him and he is entitled to have the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage - Proof -Once fact of marriage is proved there is presumption of lawful marriage - Such a presumption alone is good enough to entitle the wife to maintain an application for maintenance under Section 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Paternity - Dispute as to - Party disputing the paternity to prove non-access in order to dispel the presumption - `Access' and `non-access' mean the existence or non existence of opportunities for sexual intercourse; it does not mean `actual cohabitation'...........
Civil Procedure Code, 1908, Section 51 -- Proviso - Execution - Arrest & detention - Money decree - Any of the three conditions in proviso to S.51 CPC is to be fulfilled - In a decree for maintenance presumption ought to be drawn that the husband had means to pay the amount decreed at the time of judgment and continues to have the same means...........
Criminal Procedure Code, 1973, Section 126 -- Proviso - Wilful negligence - Presumption - Wilful avoidance of Court invites a concept of some persistent conduct - Adjournment sought on ground of illness without support of medical certificate - By itself does not amount to wilful avoidance of Court - Ex-parte order for maintenance is quashed...........
Civil Procedure Code, 1908, Section 115, Evidence Act, 1872, Section 114 -- Illustration (f) - Notice sent under certificate of posting-Wrong legal view taken of presumption available under S.114 - Open to revisional jurisdiction...........
