East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Ceased to occupy - Landlord stating on oath that tenant has ceased to occupy tenanted shop and doing no business therein - Landlord discharges its burden of proof - Onus then shifts on tenant to prove that he is still doing business therein by producing accounts book, sales tax registration, income tax..........
Indian Penal Code, 1860, Section 302, 394 -- Murder - Circumstantial evidence - Accused arrested about 14 days of incident - Accused kept the blood stained pant safely so as to hand it over to the investigation officer - Held, no sane person will keep and preserve incriminating evidence with him for such a long period and after the incident produce that evidence to the..........
Evidence Act, 1872, Section 114(g) -- Best evidence - Failure to produce - An adverse presumption can be drawn only in case of refusal to let best evidence from being brought before Court...........
Agreement to sell -- Suit for specific performance - Proof - Agreement stated to have been executed by father of defendant in 1971 after receiving entire sale consideration - Plaintiff inducted into possession of property in 1957 by father of defendant out of love and affection - Defendant admitted possession of plaintiff - Plaintiff got constructed the house by getting..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Quashing of complaint on the ground that mandate of S.141 of the Act not complied with - Held, while deciding a petition u/s 482 of the Code, Court cannot insist the complainant to produce documents to substantiate his case - Being the..........
Consumer Protection Act, 1986, Section 2(1)(f), 13(1)(c) -- Three wheeler - Manufacturing defect - Inspection report by petitioner - OP not supported by affidavit discarded by Fora below - The complainant did not lead any evidence to prove that there was manufacturing defect - In the absence of any such evidence it cannot be said that there was any manufacturing defect in..........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 8, Rule 1A -- Additional documentary evidence - Can be produced with leave of Court which could not be produced alognwith the pleadings - Additional documents sought to be produced were not in existence at the time of filing of pleadings and during the production of evidence - Permission..........
Registration Act, 1908, Section 32, 34, 60 -- Gift deed - Endorsement of Registrar that donor presented the gift deed before him and has admitted execution thereof - Held, in view of provision of Ss.32, 34 and 60 of the Registration Act there is strong presumption in favour of genuineness execution and registration of the gift deed and plaintiffs are not supposed to..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Can be given when original document is shown or appears in possession or power of the person against whom the document is sought to be proved and when, after the notice such person does not produce it...........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Will alleged to be taken by plaintiff on the pretext of showing it to his lawyer but did not return - Notice u/s 66 of he Act not served to produce the Will - FIR not lodged - Will not coming within six exceptions mentioned in S.66 of the Act - Held, without notice u/s 66 of the Act factum and contents of the Will..........
