Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Unclaimed notice - Drawer of cheque needs to provide satisfactory and convincing evidence to show that address shown on notice is not his address - Drawer cannot frustrate legal process by not receiving the notice or by shifting residences without informing complainant...........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Fraud if any whether perpetrated at the first instance of valuation, or later is a matter which could be unearthed only after a trial based on evidence led by parties - But, as of now in no circumstances, it can be said that no prima facie case..........
Family Courts Act, 1984, Section 14 -- Family Court - Evidence Act not strictly applicable to family court - However, S.14 of the Act does not dispense with burden of proof...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband alleged that wife not willing to bear a child which caused cruelty to him - However, evidence on record shows that couple was living together under one roof till April 2020 and leading normal married life - No concrete proof that wife refused co-habitation for having a child -..........
Transfer of Property Act, 1882, Section 127 -- Gift - If gift is non-onerous, very little evidence is sufficient and even mere knowledge of gift is sufficient for its acceptance since a man would only be too eager to protect his own interests...........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Trial Court while taking into account evidence on record decreed suit but could not come to a specific finding to the effect that plaintiff was in possession of suit land on the date on which it was alleged that defendants entered into suit land - Taking into account that proceedings are summary in..........
Indian Penal Code, 1860, Section 302, 201, 34, Arms Act, 1959, Section 25(1)(a), 5 -- Offence u/Ss. 302, 201, 34 IPC & Ss.25(1)(a), 5 Arms Act - Conviction - Prosecution failed to prove directions of entry or exit of bullet or explain its inward or outward journey - Even, imprints on pistol have not been matched with accused - Prosecution witnesses testified that accused..........
Evidence Act, 1872, Section 8 -- Motive - Absence of motive would not ispo facto dismember chain of evidence and would not lead to automatic acquittal of accused...........
Evidence Act, 1872, Section 8 -- Motive - Complete absence of motive is a circumstance which may weigh in favour of accused...........
Criminal trial -- Gunshot cases - Gunshot cases wherein nature of death (suicidal, accidental or homicidal) is not ascertainable from direct evidence, multiple factors are taken into account for arriving at a conclusion - Such factors include, but are not limited to, point of entrance, size of wound, direction of wound, position of wound, possible distance of gunshot,..........
