Limitation Act, 1963, Section 5, Criminal Procedure Code, 1973, Section 401 -- Revision petition - Condonation of delay - Sufficient cause - Held, proof of sufficient cause is a condition precedent for exercise of extraordinary discretion vested in court - What counts is not length of delay but sufficiency of cause and shortness of delay is one of circumstances to be taken..........
Indian Penal Code, 1860, Section 96, Evidence Act, 1872, Section 105 -- Right of private defence - Burden of proof - Held, that burden of establishing the plea of self defence is on the accused and the burden stands discharged by showing preponderance of probabilities in favour of that plea on the basis of material on record - In a given case if the circumstances show that..........
Evidence Act, 1872, Section 113B -- Presumption - Can be raised only on proof of the essentials viz. (1) The question before the Court must be whether the accused has committed the dowry death of a woman (This means that the presumption can be raised only if the accused is being tried for the offence under S.304-B IPC); (2) The woman was subjected to cruelty or harassment..........
Indian Penal Code, 1860, Section 96 -- Private defence - Right of - Burden of proof - Not necessary to plead in so many words that accused acted in self defence - If the circumstances show that the right of private defence was legitimately exercised, it is open to the Court to consider such a plea - In a given case Court can consider it even if the accused has not taken..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Chemical analysis - Prosecution has to strictly prove that sample was not tampered with until it was deposited in the office of Chemical Examiner - In the instant case there was no strict proof thereof - Possibility of tampering with the sample parcel cannot be ruled out - Conviction set..........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Proof beyond pleading - Not permissible...........
Indian Penal Code, 1860, Section 363, Evidence Act, 1872, Section 35 -- Proof of age - School certificate - Proved by the headmaster of the school - An entry in the school register is not conclusive but it has evidentiary value - Onus on prosecution to prove age of prosecutrix, held effectively discharged by the prosecution...........
Evidence Act, 1872, Section 45 -- Signatures - Comparison with admitted signatures - Witness denied signatures on receipts issued by him - Application with prayer to send the documents to Government Expert for comparison of the signatures - Dismissal of application by holding that opinion of expert is not conclusive proof but it is only a piece of evidence - Conclusion of..........
Insurance claim -- Repudiation - Suppression of material fact - Based on some entries taken from discharge card - That complainant had pre - existing disease of High B.P - No proof adduced by the Insurance Company to prove that the complainant was having High B.P. or hypertension as alleged - Insurance company held to be guilty of deficiency in service and unfair trade..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Constitutional validity - Burden of proof on accused - These provisions raise presumptions with regard to culpable mental state on the part of accused and places burden of proof on accused in this behalf - However initial burden exists upon the prosecution and only when it stands satisfied, legal..........
