Land Acquisition Act, 1894, Section 18 -- Dismissal of reference application never conveyed to claimant - Every person whose land stands acquired and Government takes possession of land - Has inherent right to get enhanced compensation if competent Court increases the compensation - Compensation received through voucher - Land Acquisition Collector called upon claimant to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of complaint - Plea of petitioner that his signature on the cheque obtained by coercion - Further the petitioner issued notice to respondent to return the cheque for various reasons mentioned in the notice - Said questions have to be gone into during trial, depending upon proof -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Debt and liability - Payment stopped on the ground that cheques were not supported by consideration - Under Section 139 it has to be presumed that cheques were issued in discharge of debt or other liability - Burden of proof is on accused that cheques were not supported by consideration...........
Criminal trial -- `Reasonable doubt' - It is nearly impossible in any criminal trial to prove all elements with scientific precision - A criminal court could be convinced of the guilt only beyond the range of a reasonable doubt - Expression 'reasonable doubt' is incapable of definition - Modern thinking is in favour of the view that proof beyond a reasonable doubt is the..........
Will -- Law requires proof of execution - Witnesses present at time of registration - Proves registration only - Would not prove execution of Will...........
Will -- Execution - Proof - S.63 of Succession Act requires a Will to be attested by at least two witnesses and it cannot be used as evidence unless at least one witness is examined to prove its execution - Where Will is surrounded by suspicious circumstances, the suspicion cannot be removed by mere assertion of the propounder of the Will that the Will bears the signatures..........
Will -- Proof of - Does not ordinarily differ from that of other documents except special requirement of attestation by at least two witnesses - Cannot be used as evidence unless at least one attesting witness has been called for purpose of proving execution - Execution of Will if surrounded by suspicious circumstances - Suspicion cannot be removed by mere assertion of..........
Evidence Act, 1872, Section 68 -- Registered document - Proof - In absence of specific denial by the party against whom the document is relied upon there is no necessity of calling an attesting witness in proof of any document, except a Will, which has been registered in accordance with the provisions of the Indian Registration Act...........
Evidence Act, 1872, Section 68 - - Proof of registered document - Proviso to Section 68 dispenses with necessity of calling attesting witness in proof of any document, except a Will, which has been registered when there is no specific denial by party against whom the document is relied upon...........
Negotiable Instruments Act, 1881, Section 118(g) -- Pronote - Burden of proof - Initial burden lies on the holder of the promissory note to prove its execution - Once execution is proved, burden shifts to defendant to disprove it - Plaintiff proved execution of pronote by examining himself and a witness - Plaintiff having discharged his initial burden the same shifted to..........
