Limitation Act, 1963, Section 5 -- Condonation of delay - Once it is held that a party has lost his right to have the matter considered on merits because of his own inaction for long, it cannot be presumed to be non-deliberate delay and in such circumstances of the case, he cannot be heard to plead that substantial justice deserves to be preferred as against the technical..........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Suspicion, however strong it may be cannot take place of proof beyond reasonable doubt - An accused cannot be convicted on the ground of suspicion, no matter how strong it is - Accused is presumed to be innocent unless proved guilty beyond a reasonable doubt...........
Hindu Marriage Act, 1955, Section 16 -- Legitimate/illegitimate children - When man and woman live as husband and wife for a long time, their marriage between them could be presumed and children born to them are not illegitimate...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegations made against accused are of trivial in nature which generally took place in every house - Even if the entire allegations are accepted, it cannot be presumed that there was any instigation on the part of accused - No case is made out warranting prosecution of accused - Accused discharged...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Plea that cheque was issued during course of business and not for discharge, in whole or in part, of any debt or liability - In view of presumption u/s 139 of the Act, it will be presumed that said cheque was issued in discharge..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is duty bound to provide maintenance to his wife even if it is presumed that husband has no income from his job or from rent of Maruti Van - Maintenance rightly granted...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 376(2)(n), 420, 406, 506 -- Summoning of additional accused - Rape case - Allegations levelled against proposed accused are general and vague in nature - Causal reference of their names without referring to the part specifically attributed to them by saying that they were supporting main accused,..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 34 -- Summoning of additional accused - Offence u/ss 306, 34 IPC - General and vague allegations levelled against proposed accused - Causal reference of their names that they had connived with main accused already arraigned or by saying that beatings were extended by them at their behest..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account closed - When cheque is dishonoured for the reason `account closed', it cannot be presumed that accused has not issued the cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account closed - When cheque is dishonoured for the reason `account closed', it cannot be presumed that accused has not issued the cheque...........
