Indian Penal Code, 1860, Section 304B, 302, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Demand of dowry - Cause of death is disputed as per medical evidence - Discrepancy in evidence of PW1 and PW2 with regard to receiving of information about death of deceased - Evidence of Medical practitioner is doubtful - Accused discharged his burden u/s 106 of Evidence..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 106 -- Kidnapping and Murder - Circumstantial evidence - Burden of proof - If accused is last seen with deceased, accused must offer an explanation as to how and when accused parted company with deceased - Accused must furnish an explanation that appears to Court to be probable and..........
Evidence Act, 1872, Section 3, 106 -- Circumstantial evidence - Burden of proof - When accused does not throw any light upon facts which are specially within his/her knowledge and which cannot support any theory or hypothesis compatible with his innocence, Court can consider his failure to adduce an explanation as an additional link which completes the chain of..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 106 -- Kidnapping and Murder - Circumstantial evidence - Burden of proof - Deceased was last seen in company of A1 and that time gap between last seen and time of death of deceased is so small so as to make it impossible for deceased to come in contact of any other person - Since no..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Debt not to be proved as in a civil suit - Dishonour of cheque carries a statutory presumption of consideration - Holder of cheque in due course is required to prove that cheque was issued by accused and it was dishonoured when presented - Since there is statutory presumption of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed in question is null and void - Plaintiffs contended that suit property is ancestral property - Burden to prove that suit property was self acquired property of husband of vendor was on appellant/purchasers - Appellants failed to discharge such burden - Since husband of vendor did not have an..........
Hindu Marriage Act, 1955, Section 16 -- Applicability of S.16 of the Act - S.16 of the Act applies only when there is evidence to show nullity of marriage or voidability of marriage on the ground of existence of an earlier marriage or such other ground and said burden initially lies on person who disputes validity of marriage on account of any such ground...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for declaration and injunction - Defendants not admitted the case of plaintiff in toto - Pleadings disputed by defendants by filing written statement and additional written statement - Ingredients of O.18.R.1 CPC not satisfied - Plaintiffs have to discharge burden of proof of facts alleged in the plaint..........
Evidence Act, 1872, Section 102 -- Burden of proof - Where specific plea is taken by plaintiff in respect of Will being fraudulent, then burden will be shifted upon defendants to prove document to be genuine...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When signature on cheque has been admitted and it belongs to accounts of accused, then under such circumstances S.139 of the Act raises a presumption of law that cheque which has been duly drawn was given in discharge of debt or liability and burden shifts upon accused to rebut said..........
