Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage - No Indian woman will state that she had married a particular person from whom she had even produced a nine year old child unless such an allegation is correct - Husband and wife who are alleged to have co-habited together, it shall be presumed that they shall be considered to be husband and wife...........
Punjab Land Revenue Act, 1887, Section 16, 34 -- Mutation of Inheritance on the basis of presumed death - Having not heard for over seven years - Land should not be mutated in favour of heirs, untill and unless it is proved beyond reasonable doubt, that a person is no longer alive - Mutation declined...........
Indian Penal Code, 1860, Section 304 Part I -- Murder - Blood stained earth not taken from spot and blood not found on weapon of offence - Offence came to notice of police after 6 days - It can be presumed that no blood stained earth was available at the spot and that the kassi would also not reveal any traces of human blood...........
Punjab Land Record Manual -- Prara 7.19 - Sale of share in shamlat land - Part of land sold in 1980 - Mutation sanctioned in 1983 - After the death of vendor in 1994, vendee claimed that entire land including share in shamlat land was also sold to him - No mention of sale of share in shamlat deh or thola deh in sale deed. Held - If a deed does not specifically mentions..........
Indian Penal Code, 1860, Section 409 -- Appeal against acquittal - Criminal breach of trust - By public servant - Departmental proceedings - Effect of -Essential ingredient of offence u/S.409 IPC i.e. the entrustment of the goods, which are alleged to have been misappropriated, not proved - During criminal trial prosecution failed to prove the offence u/S.409 IPC - Merely..........
Evidence Act, 1872, Section 114 -- Official acts - Are presumed to be carried out regularly and properly...........
Indian Penal Code, 1860, Section 304B -- Ingredients of the offence u/s 304-B are: (a) that the death of woman is caused by any burns or bodily injury occurs other than in normal circumstances; (b) that such death must have occurred during the seven years of her marriage; (c) soon before her death, she must be subjected to cruelty or harassment by her husband or any..........
Criminal Procedure Code, 1973, Section 167, Evidence Act, 1872, Section 114 -- Remand - Considered the prayer and remanded accused to judicial custody - Considered means, deemed; determined; adjudged; reasonably regarded and the expression 'Heard' has a similar meaning - Contention that remand was granted on request not accompanied by case diary which is mandatory - No..........
Agreement to sell -- Person of unsound mind - A person once found to be `Schizophrenic' is not presumed to be so for ever - It has to be proved that he continued to be `Schizophrenic' and was a lunatic and not in the capacity to understand the implications of contract on the date of his entering into contract - Mere fact that years ago he was treated for `Schizophrenic' by..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent as per registered post and UCP (Under Certificate of posting) - Notice sent as per registered post returned unserved - UCP did not return - Pleading in complaint viz. 'Hence, it is presumed that U.C.P. has been received by the accused' - Held, it is sufficient to hold that complainant has pleaded as to service..........
