Indian Penal Code, 1860, Section 304, 323, 504, 506, 147, 114 -- Offence u/ss 304, 323, 504, 506, 147, 114 IPC - Accused were nominated by informant of having assaulted PW1 and his grandfather - Deceased succumbed to injuries caused by lathi danda - Injuries were duly corroborated by medical evidence - Fatal injury on head of deceased caused his death on subsequent day of..........
Criminal Trial -- Prosecution to prove its case beyond reasonable doubt and conviction cannot be based merely on basis of presumption to rule out presence of accused...........
Co-owner -- Rights and liabilities - (i) A co-owner has right and interest in the whole property and also in every parcel and infinitesimal portion of the co-ownership property; (ii) No doubt possession of the joint property by one co-owner is in the eye of law, possession of all even if all but one are actually out of possession; (iii) One co-owner's mere occupation of a..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of ownership on basis of gift deed - Origin of gift deed was disputed by executant during her lifetime - Lower Courts thus, were right in weighing evidence of gift deed on the touchstone of its validity first rather than its form and content - Plea as to invalidity of gift deed is not to be..........
Evidence Act, 1872, Section 108 -- Presumption as to death - When it is proved that person is not heard of for seven years by those who would have naturally have heard of him if he had been alive, burden of proving that he is alive is shifted to person who affirms it...........
Evidence Act, 1872, Section 108 -- Presumption as to death - Husband of petitioner missing in 2011 and he has not been heard for more than 7 years - He shall be presumed to have been dead - Directions issued to respondent to consider the application of Legal heirship certificate of petitioners...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Accused raised defence during cross examination of complainant, the foundation of which was not laid in the reply to legal notice served after dishonour of cheques - Moreover in this case accused chose not to examine himself - Defence witness not succeeded in rebutting the..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(j)(iv), 6(1), 29 -- Penetrative sexual assault - Presumption u/s 29 of the Act - Accused has committed penetrative sexual assault on a child and caused her death - Presumption u/s 29 of the Act stands against him - However, accused neither discharged reverse burden by discrediting credibility of these..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once the cheque produced on record and outstanding amount is proved without there being any rebuttal to the same, then presumption u/s 139 of the Act would operate in favour of complainant...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Legally enforceable debt - Documents produced by accused in his evidence before trial establishes that he has a business transaction with complainant and he issued cheque in favour of complainant in discharge of his liability - Even, DW1 failed to rebut presumption raised against him..........
