Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Non executive Directors - In absence of any further averments as to their role in the company at the time of commission of offence, presumption u/s 141 of the Act cannot be raised against them - Summoning order and proceedings qua petitioners quashed...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Child born to respondent during continuation of a valid marriage - Petitioner has not shown that he had no access to respondent at that time when child was begotten - Presumption u/s 112 of the Act comes into play - Proceeding instituted by petitioner is for granting decree of declaration that child born to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 11.750 kg ganja and 2.175 kg charas - Presumption of culpable mental state - No evidence produced by defence to rebut said presumption - Nothing adverse has come out from cross-examination of PWs for rebuttal of such presumption - Therefore, even by drawing adverse inference as accused were..........
Revenue Record -- Presumption - Once a jamabandi was on record it carried a presumption however weak and even a weak presumption is not rebutted preponderance of probability will tilt in favour of a person in whose favour presumption lies...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Absence of wife at the time of grant of decree of divorce by mutual consent - Presumption of consent for divorce cannot be attributed to wife as consent needs to continue till the date of decree of divorce by mutual consent - Court is under statutory obligation to hear the parties to ascertain their..........
Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 29 -- Sexual assault - Presumption - Prosecution launched u/ss 3, 4 of the Act - Court to presume that accused committed offence and accused was required to prove that he was not guilty...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage - Proof - Strict proof of marriage not necessary in proceedings u/s 125 Cr.P.C. - When parties live together as husband and wife, there is presumption that they are legally married couple for claim of maintenance u/s 125 Cr.P.C. - In the instant case evidence of wife, birth certificate of children,..........
Protection of Children from Sexual Offences Act, 2012, Section 6, 29, 30, Indian Penal Code, 1860, Section 376 -- Sexual assault - Rape on victim aged 11 years - Appeal against acquittal - Testimony of witnesses - Prosecutrix described the incident as it happened in detail - Statements made by her at all stages are consistent and is corroborated by an eye witness -..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113 -- Dowry death - Conviction - Appreciation of evidence - It is established on record that deceased and her sister were harassed for not bringing motor cycles in dowry - Statement of accused before Panchayat that harassment will continue, if demand is not fulfilled is against accused - Fact that..........
Evidence Act, 1872, Section 112 -- DNA test - Requirement of standard of proof - In criminal case, standard of proof is beyond reasonable doubt - Whereas in civil case, it is preponderance of probabilities - Further, in cases like partition and civil disputes, Courts are slow in ordering DNA test, as there is presumption u/s 112 of Evidence Act with regard to paternity...........
