Indian Penal Code, 1860, Section 302, 316, Evidence Act, 1872, Section 106 - - Prosecution examined as many as three witnesses of fact but none of them deposed that accused was present in his house at the time of incident - These witnesses failed to support prosecution case as spelt out in FIR and were declared hostile - Prosecution thus, failed to discharge its initial..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Proviso to O.6.R.17 CPC curtails absolute discretion to allow amendment at any stage - Therefore, burden is on the person who seeks an amendment after commencement of trial to show that in spite of due diligence, such an amendment could not have been sought earlier...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Friendly loan of Rs.15 lakhs by Income Tax practitioner to his client - Blank signed cheque issued for its repayment - Loan advanced not by cheque or demand draft or RTGS and without obtaining any writing to this effect - Such loan not shown in the income tax return of complainant - Held, (a)..........
Specific Relief Act, 1963, Section 38, Evidence Act, 1872, Section 101, 102 -- Suit for permanent injunction - Burden of proof lies on plaintiff to prove that he was in actual and physical possession of property on the date of suit...........
Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 101 -- Ex parte decree - Setting aside - Service of summons - Defendant denied service of summons - Burden to prove service of summons is on the person who asserts that defendant was served with summons - There is no proof of service of summons when merely certified copy of bailiff report is produced..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Deceased died unnatural death within 5 years of her marriage - However, there is no specific and convincing evidence to the effect that deceased was regularly subjected to cruelty or harassment by accused in connection with any demand for dowry - Prosecution failed to discharge its initial burden in..........
Criminal trial -- Prosecution is supposed to stand on its own legs and cannot derive benefits whatsoever from the weakness, if any, in the defence of accused - Burden of proof of the version of prosecution in criminal trial, throughout trial lies upon prosecution and never shifts to accused who is entitled to the benefit of every reasonable doubt in the prosecution story..........
Indian Penal Code, 1860, Section 364A, 365, 307, 392, 394, 186, Evidence Act, 1872, Section 106 -- Kidnapping for ransom - Attempt to murder - Burden of proof - Chance prints lifted from stolen car were matched with right thumb of accused - No explanation given by accused as to how fingerprints were detected from said vehicle which was used during commission of offence -..........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Enhancement of compensation - Application for additional evidence - Burden is upon landowners to show the market value and they have to bring on record relevant sale instances and other evidence and once said exercise was not done, there is no such valid reason to allow, at this stage, application for..........
Evidence Act, 1872, Section 104 -- Burden of proving fact - Mere admission of a document in evidence whether it be electronic or otherwise, will not discharge the burden of party proposing evidence from proving contents also...........
