Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Cash transaction - There is initial presumption of legally enforceable debt - Onus is on defendant to prove that no such amount was given - Sometimes there may be an occasion where even for a cash transaction, a receipt is taken, but absence of the same would not negate and disprove the stand that cash..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Cash transaction - Merely because a person is not able to prove transfer through official modes i.e. through any negotiable instrument or bank transaction would not lead to conclusion that such amount was not paid through cash, especially when there was a categorical statement to this..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Specific stand of plaintiff that he has paid Rs.30,80,000 to defendant pursuant to promissory note - Onus would be on defendant to dispel such fact - Merely because plaintiff is not able to prove transfer through official modes i.e. through any negotiable instrument or bank transaction..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 323, 352 -- Benefit of probation - Offence u/ss 323, 352 IPC - Offence punishable u/s 323 IPC carries maximum punishment of S.I. for one year whereas offence punishable u/s 352 IPC carries maximum punishment of imprisonment for 3 months - Thus, mandatory provision of S.4 of the Probation of..........
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, Section 4 -- Acquisition of land - There was an invisible power acting behind the Society and the SRA is further evident from the fact that in some of its initial filings for the acquisition proposal - The High Court has also recognized such fraudulent acts of the developer painting a stark..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Status report shows that DNA of petitioner was found in salwar and vaginal swab of victim - Prima facie, there is sufficient material to connect petitioner with commission of..........
Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 379, 353, 186 -- Benefit of probation - Theft of electricity - Petitioner has already served a sentence of 1 month and 17 days against awarded sentence of 2 years - He has never faced any other prosecution either before present FIR or thereafter - Petitioner has no criminal history and even..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 2(g), 4(4) -- Maintenance to senior citizen - Relative - Person who is not a legal heir of senior citizen cannot be a relative under the Act merely because he is in possession of property of senior citizen or would inherit his property - He is thus, not bound to maintain senior citizen...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(3), Protection of Children from Sexual Offences Act, 2012, Section 3, 4(2) -- Suspension of sentence during pendency of appeal - Rape - Finding of High Court that no sexual assault was found without considering overall nature of evidence of case is completely untenable - Prosecutrix stated..........
Indian Penal Code, 1860, Section 300Exception, 4 -- Provocation - Provocation is provided in Exception-4 as well as Exception-1, but injury caused is not indirect consequences of that provocation - Exception 4 addresses cases where, notwithstanding that blow may have been struck or provocation given at outset of dispute, regardless of how quarrel originated, subsequent..........
