Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - No documentary evidence was produced before Family Court by husband nor by wife - Rs.80,000 was alleged by wife to be monthly income of husband, who having not produced his salary slip before Family Court - Husband has disclosed one payment advice in respect of gross salary i.e Rs.74,542.85 which is close..........
Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Violation of - DHs had failed to establish violation of compromise decree by JDs - Burden of proving violation of decree rests squarely on DHs - In the absence of cogent proof of such violation, execution cannot be sustained - Burden of proof, which lay upon DHs, had not been discharged - Executing..........
Evidence Act, 1872, Section 108 -- Civil death - Presumption - Person missing for seven years - Respondent No.2 has not asserted any specific date or time of death of his father nor has he adduced any evidence in this regard - Date or time of death of father of respondent No.2 remains uncertain - However, as per S.108 of the Act, he will be presumed to be dead on the..........
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..........
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..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once signature and execution of cheque is admitted, a statutory presumption arises u/ss 139, 118 of the Act that cheque was issued in discharge of a debt or a liability - This presumption is rebuttable but burden lies on accused to adduce cogent evidence...........
Railways Act, 1989, Section 124A -- Accident - Untoward incident - Compensation - Proceedings u/s 124-A of the Act are not criminal trials demanding proof beyond reasonable doubt, but welfare statues are governed by principles of preponderance and probabilities - Once the foundational facts of (i) possession or issuance of a valid ticket, and (ii) occurrence of an..........
Electricity Act, 1910, Section 39, 44 -- Theft of electricity - PWs have not deposed with complete confidence about alleged theft of electricity and use of artificial means by appellant - Most of testimonies are based on estimation, presumption, approximation or possibilities - Nothing has been brought on record to show that meter had been injured or tampered with - None..........
Indian Penal Code, 1860, Section 304B -- Dowry demand - Neither any PW alleges cruelty or harassment meted out by appellant in connection with dowry nor prosecution has proved the same - Statements given by PW1, PW2 & PW3 are bald statements which do not indicate any form of cruelty meted out to deceased by appellant - Presumption u/s 113-B of Evidence Act would not be..........
