Criminal trial -- It is incorrect to decide a criminal case based on judgment of civil court alone - Civil case is decided based on preponderance of probability whereas criminal case is decided based on proof beyond doubt...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - In a proceeding u/s 125 Cr.P.C, which is primarily of civil nature strict rules of evidence are not applied by Court rather Courts act on basis of preponderance of probability which would have a positive element of happening of a certain fact...........
Indian Penal Code, 1860, Section 302, 307 -- Double murder - Evidence of two injured eye witnesses - Plea of insanity taken by defence not proved with preponderance of probability as per illustration u/s 105 of Evidence Act - No such circumstances are shown - Death of two deceased are proved by doctor to be homicidal in nature and M.O.I corroborates the same - Injuries on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Loan of Rs.3 lakhs repaid by cheque - Plea of taking loan of Rs.2 lakhs again - Taking loan of Rs.2 lakhs again neither mentioned in complaint nor in notice and deposition - Accused is to rebut the presumption by preponderance of probability which he is successful to rebut the same by..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Four cheques issued on different dates for single debt - There is absolutely no reference to debt in statutory demand notices - In complaint amount of debt is quantified at Rs.3 lakhs, but there is no whisper about date on which debt was incurred -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Neither accused confront complainant with copy of notice nor accused filed a copy of it along with the statement u/s 313 Cr.P.C. - Even, accused does not send any reply notice to statutory demand notice nor issued directions to his bank to stop payment - Moreover, accused fail to discharge..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards loan amount of Rs.30 lakhs - Such loan disclosed in the Income Tax returns - Plea of taking loan of Rs.10 lakhs and that plea of repayment of the same - However, no material to show return of said sum to complainant - Though accused can discharge burden by preponderance of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - As per accused, he borrowed money from someone else and cheque was given to him and said person had handed over cheque to complainant for filing prosecution - However, neither signature are denied by accused in cheque nor accused replied to statutory demand notice that was issued by complainant - Though..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - In a prosecution u/s 138 of the Act, there is a presumption that cheque was issued in discharge of the debt asserted by complainant - However, this presumption can be rebutted by accused by preponderance of probability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Though presumption u/s 139 of the Act will enure to the advantage of the complainant, yet accused can discharge burden by preponderance of probability...........
