Indian Penal Code, 1860, Section 302 -- Murder - Place of arrest is not material in view of proof of case beyond doubt...........
Evidence Act, 1872, Section 106 -- Reverse burden of proof - Before accused is called upon to explain the circumstances in his exclusive knowledge by virtue of doctrine of shifting the burden of proof, Prosecution has to prove, either by direct or circumstantial evidence, that accused was present in the same room/house where deceased was murdered by violent means -..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Acquittal - Absence of any proof with regard to demand and acceptance of illegal gratification - No case is made out for grant to appeal - Accused rightly acquitted...........
Utilization of land -- Voluntary surrender of land - Burden of proof - Land is utilized for road to be owned by Panchayat/Municipality - Panchayat/Municipality is the beneficiary and stand is taken by Panchayat that it was a voluntarily surrender of rights for no consideration - Burden would be on Panchayat to establish such voluntarily surrender - Division Bench..........
Indian Penal Code, 1860, Section 366, 376(2)(n) -- Kidnapping and rape - Determination of age of prosecutrix - Date of birth given in certificate provided by Principal of College cannot be conclusive proof of exact date of birth of prosecutrix, as the same is based upon declaration given by parents of prosecutrix at the time of her admission...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presumption - Rebuttal - Accused is discharged of the presumption the moment he raises reasonable suspicion with respect to due execution of cheque - Once such suspicion is created by an accused, burden of proof thereafter shift upon complainant to prove that cheque had been executed in discharge of a..........
Evidence Act, 1872, Section 102 -- Burden of proof - Initial onus is always upon plaintiff to prove the fact and if he discharges that onus and makes out a case which entitles him to a relief, then onus shifts to defendant to prove those circumstances, if any which would disentitle plaintiff to the same...........
Will -- Proof - Will executed and registered in 1992 and testator remained alive for a period more than 10 years - It is proved that executant as well as both the attesting witnesses were present not only at the time of execution of Will by scribe but they were also present at the time of its registration - No evidence on record that Will was result of undue influence or..........
Criminal Procedure Code, 1973, Section 293 -- FSL Report - Not admissible in evidence unless it is tendered in evidence and exhibited - However, in view of provision of S.293 Cr.P.C, it can be used as evidence without its formal proof...........
Indian Penal Code, 1860, Section 396 -- Offence u/s 396 - Conviction - Held, the crucial aspect is that even after the recovery of the ornaments, no Test Identification Parade was arranged by the Investigating Machinery - Further,if at all the accused were desirous of making confessions, the Investigating Machinery could have facilitated the recording of confessions by..........
