Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession of suit land based on title - Plaintiff by producing allotment order has proved her title and by producing khatiyans has proved her possession over suit land - Allotment order is document of title and it can be accepted as document of title - Khatiyans are revenue record and it..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - `Giving of notice' and `receipt of notice' is in relation to presumption of service u/s 27 of General Clauses Act which would attract only on proof by complainant by producing postal receipt which would clearly establish that postal cover was correctly..........
Ownership -- Proof - Merely because defendant paid electricity bills and water charges while staying in a portion of house in question would not make him an owner of suit property...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Additional issue - Suit for declaration and possession - Defendant raising plea of adverse possession - Framing of additional issue with regard to adverse possession - Trial Court striking issue in that regard placing onus of proof upon defendant - Order upheld...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Case of direct evidence that eye witnesses saw the occurrence - Hence, this is not the fact which was in special knowledge of accused - S.106 of Evidence Act has no applicability in the case...........
Indian Penal Code, 1860, Section 363, Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Kidnapping - Penetrative sexual assault - Age of victim - No conclusive proof regarding age of victim girl by producing hospital record or municipal record which was taken at the time of birth - Victim is more than 16 years as per ossification test and taking..........
Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Stay of petition on the ground of pendency of criminal case u/s 498-A IPC - Cruelty under Hindu Marriage Act has a different meaning altogether than that concept of cruelty as envisaged in IPC - Even the Act complaint of, in the criminal proceedings may not constitute cruelty within the meaning of S.498-A IPC but..........
Agreement to sell -- Execution - Proof - PW1 plaintiff, PW2 sister of plaintiff examined - Version of both of them is of interested version as such cannot be relied - PW3 scribe examined as a witness - Pen and ink used for affixing his signature and signature of DW1 are different from the pen and ink used for preparing the document and it was not properly explained by..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2), (3) -- Plea of juvenility - Burden of proof - When claim of juvenility is raised, burden is on the person raising claim to satisfy Court, to discharge initial burden and documents mentioned in R.12(3)(a)(i), (ii), (iii) of JJ Rule 2007 made under JJ Act 2000 or S.94(2) of JJ Act shall be sufficient..........
Indian Penal Code, 1860, Section 302 -- Murder - First and foremost aspect to be proved by prosecution is factum of homicidal death - If evidence of prosecution falls short of proof of homicidal death of deceased, and if possibility of suicidal death could not be ruled out, appellant-accused could not be convicted merely on the basis of theory of "Last seen together"...........
