Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Determination of age of detenue - Where school record of detenue is impeccable, date of birth entered there has to be accepted by dint of S.94(2)(i) of the Act, there is no authority with Court to rely on medical evidence that comes last in the order of preference as to evidence of age u/s 94(2) of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37, Indian Penal Code, 1860, Section 420, 467, 468, 471, Foreigners Act, 1946, Section 14 -- Contraband - Bail - Commercial quality - Allegations against petitioners are grave and serious in nature - Petitioners are foreign nationals - However, they do not have any immigration record of foreign..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Standard of proof to rebut presumption u/ss 118, 139 of the Act is preponderance of probabilities and that accused is not required to prove his case beyond reasonable doubt - Standard of proof in order to rebut statutory presumption, can be inferred from materials on record and..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Evidence on record shows that there was no financial transaction between parties in connection with execution of exchange deed - Accused has disputed the transaction and financial capacity of complainant - He has succeeded in rebutting the presumption regarding consideration in favour..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - When there are multiple issues and if burden of proving some of issues is on defendant in such a case O.18.R.3 CPC gives an option to plaintiffs either to produce evidence on those issues or to reserve it by way of answer to evidence produced by other party - When plaintiff exercises such option, he can..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - When there are several issue in a case in respect to issue where burden is on defendant to prove, plaintiff can exercise the option as provided U.O.18.R.1 CPC - However, in respect to other issues right to lead evidence is always on plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Divorce petition - Both the parties are residents of USA - However, husband is claiming to be resident of place at `G' and `G' is the last place of residence of parties - Trial Court thus, has jurisdiction - Even, otherwise if trial Court lacks jurisdiction, said fact cannot be decided in an application..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - While dealing with presumption u/s 139 of the Act, accused has two options: (i) debt/liability does not exist i.e by leading defence evidence and conclusively establishing with certainty that cheque was not issued in discharge of a debt/liability; and (ii) to prove the non-existence..........
Indian Penal Code, 1860, Section 324, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 324 IPC and S.75 of JJ Act - Quashing of proceedings - Allegation against school teacher/petitioner who beat children with cane on their legs, as children were engaged in clash - Child was not treated by..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether the defendants perfected their title by adverse possession would be a mixed question of law and fact and can appropriately be addressed only after evidence is led - Same cannot be made basis to reject plaint at threshold - Application rejected...........
