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, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Summoning of loan file - Sought to be summoned after completion of evidence of complainant - Accused not replied to demand notice or he did not file any such application at the time of taking cognizance or reading over the statement of charges - Trial Court as..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Requirement of leading detailed evidence could not be a ground to shut the doors of any forum created under the Act like Consumer Protection Act - The anvil on which entertainability of a complaint by a forum under the Act is to be determined, is whether the questions, though complicated they may be, are..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Common passage - Came into existence on basis of an agreement between parties - Both the sides therefore, not entitled to change the size or nature of passage - Trial court directed to record evidence and decide suit and till then passage shall be kept free from all obstructions...........
Indian Penal Code, 1860, Section 376, 376A, 376AB, 377, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape and murder - Death sentence - Forensic report in respect of DNA match between incriminating articles recovered from scene of crime as well as at the instance of accused and blood sample of accused, not put to accused u/s 313 Cr.P.C..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 494, 495 -- Quashing of complaint - Offence u/ss 494, 495 IPC - No contentious material or disputed issues of evidence arise in the case - As between accused and complainant the issues as to whether she had a subsisting marriage on the date on which she entered into a marriage with complainant is..........
Indian Penal Code, 1860, Section 465, 468, 471 -- Offence u/ss 465, 468, 471 IPC - Allegation that accused furnished bogus appointment order to 26 persons - However, prosecution has not proved manner of forging or authorship of those bogus employment orders - Unless it is alleged by prosecution that accused is maker of document and has let in positive evidence regarding..........
Indian Penal Code, 1860, Section 420 -- Cheating - Allegation that accused furnished bogus appointment order to 26 persons - However, accused pleaded that once the accused acquitted under charge of forgery, offence u/s 420 IPC can also go - Plea rejected, as from evidence of PW1 accused represented to PW1 that they will get employment and upon such promise PW1 delivered a..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has not led any evidence that he was ready or willing to perform his obligations under the agreement - However, plaintiff alleged that he did not pay the balance consideration, as defendants failed to remove encumbrance on suit property - It is evident from agreement that liability to..........
