Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Proof of entrustment is one of main ingredients to bring home offence of criminal breach of trust so as to attract an offence punishable u/s 406 IPC...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Opportunity to plaintiff to lead evidence in rebuttal could be granted only qua those issues where burden of proof lay upon defendants and where plaintiff had reserved his right of rebuttal in absence of which his right of leading evidence in rebuttal stands extinguished...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Illicit article seized from person during personal search conducted in violation of safeguards provided in S.50 of the Act, cannot be used as admissible evidence of proof of unlawful possession of contraband...........
Service -- Misconduct - Disciplinary inquiry is conducted by employer to inquire into a charge or misconduct pertaining to a breach of Rules and regulations governing service of employer - Standard of proof is not governed by a criminal trial...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Ad-interim injunction - Disobedience - Power U.O.39.R.2-A CPC cannot be exercised on a mere apprehension or as a matter of course in absence of clear proof that order which was to be obeyed was clear, unambiguous and within full knowledge of person who is alleged to have disobeyed the same...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Ad-interim injunction - Disobedience - Burden of proof - Burden lies heavily on the person who alleges disobedience to prove offence beyond reasonable doubt...........
Mohammedan Law -- Gift deed - Validity - Gift under Muslim Law is not required to be registered or scribed - It is oral in the form of a Hiba and there can be Yadaasht (document of remembrance) in support thereof declaring that such gift had already been given to beneficiary and possession has also been given to him - However, if such gift is registered then common law..........
Will -- Proof of - Testatrix was an illiterate lady and she did not understand the true nature of document executed - Attesting Witness of Will not summoned and asked to depose as a witness - There are substantial and good reasons to legitimately suspect and question execution of Will, which propounder of Will not able to repel and remove - Even execution of Will has not..........
Medical Negligence - - Burden of proof - Burden is on the complainant to prove breach of duty, injury and causation - Injury must be sufficiently proximate to medical practitioner's breach of duty - In absence of evidence to contrary adduced by opposite party, an inference of causation may be drawn even though positive or scientific proof is lacking...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was forced to leave husband as he had second marriage - There is no proof that wife voluntarily deserted husband due to her adulterous conduct - Husband admitted that he is having dhaba house worth Rs.8 to 10 lakhs and he was earning Rs.5,000 to 6,000 p.m. - Maintenance @ Rs.3000 p.m. to wife held,..........
