Consumer Protection Act, 1986, Section 2(1),(g), Post Office Act, 1898, Section 6 -- Money order - Delay of 4 to 10 months in payment - The default held so extensive that no proof or evidence on the part of complainant is required to be proved - Order of the District Forum allowing the complaint by treating the delayed payment as deficiency in service upheld...........
Consumer Protection Act, 1986, Section 2(1),(g), Post Office Act, 1898, Section 6 -- Money order - Delay of 4 to 10 months in payment - The default held so extensive that no proof or evidence on the part of complainant is required to be proved - Order of the District Forum allowing the complaint by treating the delayed payment as deficiency in service upheld...........
Civil Procedure Code, 1908, Section 47 -- Execution of decree - Framing of issues - If there are serious objections requiring proof of facts to resolve the controversy, the executing Court is free to frame issues and then proceed with the executions - No illegality by executing court by refusing to frame issue where objections are frivolous and did not require holding an..........
Malicious Prosecution -- Criminal complaint - Mere presentation of a false complaint does not furnish a cause of action - In an action for malicious prosecution plaintiff has to prove that the proceedings were initiated without any reasonable and probable cause and burden of proof lies on the plaintiff - Findings recorded in criminal proceedings are not binding on civil..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Suit/application filed by petitioners under Section 11 - Burden of proof lies on them to establish that being proprietors of the village, they are owners of land in question and the same does not fall under definition of Shamlat Deh in Section 2(g) nor it vests in Gram Panchayat under Section 4 -..........
Evidence Act, 1872, Section 67,72 -- Proof of documents - Dr. made deposition from the records of Hospital wherein respondent wife was diagnosed as a case of catatonia schizophrenia - The record maintained in the regular course of natural events in which common course of official acts have been performed - Held that evidence cannot be brushed aside merely because author of..........
Matrimonial relief -- Standard of proof - The court can be satisfied from the preponderance of probabilities - Proof beyond reasonable doubt is not required...........
Criminal Procedure Code, 1973, Section 154 -- FIR - When FIR does not appear to be a genuine document and brought into existence in ante time and ante date after due consultation and there was no proof of compliance of provisions of S.157 Cr.P.C. prosecution case will be viewed with doubt...........
Civil Procedure Code, 1908, Order 39, Rule 2 -- A - Provisions quasi - criminal in nature - A person violating injunction order passed by Civil Court or otherwise disregarding the same - Liable to be detained in civil prison - Violation or disregarding of injunction order has to be proved beyond all reasonable doubt by person complaining of such violation - Standard of..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Failure to file - In absence of denial of plaint averments burden of proof on the plaintiff is very heavy - Prima facie proof of relevant facts constituting cause of action would suffice and Court would grant plaintiff such relief as to which he may in law be found entitled...........
