Indian Penal Code, 1860, Section 304B -- Dowry death - Prosecution has to prove : (a) The death of the married woman was within seven years of the marriage; (b) A little prior to death, her husband or relative on the point of demand of dowry subjected cruelty to her or harassed her - Prosecution has to rule out the possibility of a natural or accidental death so as to..........
Indian Penal Code, 1860, Section 302, Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3 -- Murder - Motive - By itself is not sufficient to prove the guilt of the accused...........
Injunction -- Plaintiff failed to prove his title - He is not entitled to injunction against the true owner - True owner can take possession from an unauthorized occupant in establishing possession only in accordance with law...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, 18 -- Opium - Recovery - Two accused travelling in a jeep - Bag containing opium recovered which was lying in between them on seat of jeep - Prosecution failed to prove who was in conscious possession - Conviction set aside...........
Indian Penal Code, 1860, Section 363, 376, 300 -- Kidnapping, rape and murder - Dead body of minor girl recovered from pond in early morning - Accused immediately arrested and cloths worn by him sent for chemical examination - Accused could not give any rational explanation for presence of blood stains on his clothes mixed with semen - Evidence that accused was moving..........
Indian Penal Code, 1860, Section 364A -- Abduction for ransom - Ingredients - To attract 364-A it is required to prove - (i) Accused kidnaped or abducted the person (ii) Kept him under detention after such kidnaping and abduction (iii) The kidnaping or abduction was for ransom...........
Civil Procedure Code, 1908, Order 22, Rule 6 -- Abatement of suit - Death of defendant allegedly before date of decree - Duties of Court - Trial Court before proceeding further should determine by giving opportunity to prove factum of death of defendant and opportunity to legal representatives of plaintiff to disprove same - Having not done so order of trial Court liable..........
Industrial Disputes Act, 1947, Section 25(F), 25(G), 25(H) -- Service - Termination - Workman rendered work of 240 days during preceding 12 months - Claim refuted - It is for the claimant to prove that he had in fact worked upto 240 days in the year preceding his termination - Affidavit of employee is not sufficient evidence - Mere non production of muster roll for a..........
Industrial Disputes Act, 1947, Section 2(s), 25F, Apprenticeship Act, 1961, Section 2(aa),4(2),18 -- Workman - Apprentice Development Officer - Whether workman - Offer of appointment read with the scheme proved that the appellant was appointed as an apprentice and not to do any skilled, unskilled, manual, technical or operational job - Onus was on the appellant to prove..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance - Interim maintenance - Cannot be denied to wife on the allegation that she was living in adultery - Husband has to prove the allegation by cogent evidence...........
