Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Status quo order - Disobedience - Petitioner failed to prove by leading any convincing evidence that construction was raised by respondents after passing of order of status quo - There is thus, no violation of status quo order - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution of decree - Violation - Except self serving statement of petitioner there is no other evidence to prove the allegations - For want of corroboration to version of petitioner, executing Court found evidence insufficient to indict respondents - Order upheld...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife and children - Husband is a tailor by profession and he runs his own tailoring shop and earns a substantial income - However, according to husband, he is employed as a tailor in a tailoring shop and earns only Rs.750 per day - Husband has produced salary..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Son contended that his mother is rearing cattle and is getting sufficient income from it to support her - Contention rejected as it is quite unfortunate and inappropriate for an affluent son to tell his aged mother that she should go to cattle rearing to..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Standard of proof to rebut presumption u/ss 118, 139 of the Act is preponderance of probabilities and that accused is not required to prove his case beyond reasonable doubt - Standard of proof in order to rebut statutory presumption, can be inferred from materials on record and..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - When there are several issue in a case in respect to issue where burden is on defendant to prove, plaintiff can exercise the option as provided U.O.18.R.1 CPC - However, in respect to other issues right to lead evidence is always on plaintiff...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - While dealing with presumption u/s 139 of the Act, accused has two options: (i) debt/liability does not exist i.e by leading defence evidence and conclusively establishing with certainty that cheque was not issued in discharge of a debt/liability; and (ii) to prove the non-existence..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - When a suit is instituted for possession, based on title to defeat suit on the ground of adverse possession, burden is on defendant to prove adverse possession for prescriptive period - This, therefore, cannot be an issue on which plaint could be rejected at threshold...........
Agreement to sell -- Specific performance - Ready and willing - Deposit of money in Court - Direction to deposit money is an exception and general rule is that there is no necessity to deposit money to prove readiness and willingness to perform his part of contract - It is sufficient that plaintiff makes an averment that he is ready and willing to perform his part of..........
Indian Penal Code, 1860, Section 354, 354B, 506II, Protection of Children from Sexual Offences Act, 2012, Section 8, 12 -- Outraging modesty of woman - Victim was minor girl on the date of incident - However, prosecution failed to prove that accused used criminal force on the minor victim with intention of outraging her modesty, lifted her clothes and opened zip of her..........
