Goa, Daman and Diu Building (Lease, Rent and Eviction) Control Act, 1968, Section 22(2)(a), (f), 23(1)(b) -- Eviction petition - Cease to occupy - Shop let out to tenant used as godown was all time occupied by him had to be discharged by tenant and on failure to discharge the same, landlord was held entitled for eviction - Availability of reasonable cause for ceasing to..........
Evidence Act, 1872, Section 102 -- Burden of proof - Document executed by pardanashin woman - It is presumed that document executed by pardanashin woman is not within her knowledge and burden of proving same lies on person who relies on document...........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - Suit for permanent injunction on basis of unregistered Will - Onus for proving Will was upon plaintiff as per Ss.101, 102 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When accused admits his signature on disputed cheques and complainant discharged initial burden, then presumption u/s 139 of the Act definitely gets attracted in favour of complainant - However, said presumption is definitely rebuttable...........
Electricity -- Rebate/deduction from electricity duty - Plea of doctrine of unjust enrichment - Respondent specifically asserted in the petition that burden of differential amount of electricity duty, realized by State from respondent, was not passed by respondent to its customers, either directly or indirectly or in any other manner - Respondent thus, cannot be deprived..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Vague and general allegations made in the application that defendant was seeking to dispose of property - No specification made either by date when such transaction had been contemplated nor other details of parties with whom such transaction may have been attempted, disclosed - Prima facie burden..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant stated that accused borrowed money from him and cheques issued for discharge of debt - Oral evidence adduced by DW1 is not sufficient to prove plea of discharge advanced by him - Accused failed to prove in trial by leading cogent evidence that there was no debt or liability - Burden upon..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Apparently there is no reason to disbelieve case of complainant - Explanation offered by accused on other hand is not founded on proof and it does not stand to reason - Accused could have availed opportunity by accepting demand notice instead of repeatedly avoiding its service -..........
Specific Relief Act, 1963, Section 38, Evidence Act, 1872, Section 102 -- Permanent injunction - Burden of proof - Agricultural land - Plaintiff filed suit on basis of ownership and title in suit property - However, plaintiffs upon whom burden of proof lies in view of S.101 of Evidence Act failed to produce any document pertaining to title in suit property - Entire..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Both trial Court and appellate Court rightly held that burden was on accused to disprove initial presumption u/ss. 118, 139 of the Act - Burden is not discharged rightly - Conviction upheld - Considering the age of accused, sentence modified to one of fine...........
