Evidence Act, 1872, Section 113A -- Suicide by married woman - Presumption u/s 113A - Held, if a married woman commits suicide within a period of seven years of her marriage, presumption u/s 113A would not automatically apply - Presumption would apply if it is shown that her husband or any relative of her husband has subjected her to cruelty which resulted into abetment to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan admitted - Plea of return of loan - Repayment of loan entered in a diary, which is alleged to bear the signature of complainant - Complainant denied her signature - No evidence to prove the alleged signatures of complainant - No handwriting expert examined to prove the alleged signature of..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 14(1)(a) -- Eviction - Bona fide need - Arrears of rent - Composite petition filed u/s.14(1)(e) and 14(1)(a) of the Act - Nothing on record to evidence that an oral request had been made to Court to treat petition only u/s.14(1)(e) and not as composite one r/w S.14(1)(a) of the Act - Held, if petitioners wanted proceedings to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 35, 42, 50, 57 -- Recovery of contraband - Conviction - Validity - Accused persons travelling in auto rickshaw tried to flee on seeing police officials - After being searched they were found to be in possession of 750 ampules of Buprenorphine - Evidence of ASI corroborated by evidence of Excise Inspector..........
Electricity Act, 1910, Section 44, 39 -- Pilferage of electrical energy - Assessment - Mere acquittal of petitioner in criminal case for his alleged act of pilferage of electrical energy on the ground of no, production of cogent evidence does not confer any right in petitioner to claim innocence in matter of illegal drawing of energy - While considering the nature of..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 7, Rule 11, Evidence Act, 1872, Section 91, 92 -- Judgment on admission and rejection of counter claim - Defendant executed sale deed in favour of plaintiff - Admission with regard to execution and registration of sale deed is clear and unequivocal - Defence of defendant barred by Ss.91 & 92..........
Evidence Act, 1872, Section 91, 92 -- Registered sale deed - Neither party can claim that the terms of sale such as consideration, or the nature of transaction/disposition is, in fact, different from that contained in the document itself...........
Evidence Act, 1872, Section 3 -- Tape recorded conversation - Only corroborative and not substantial evidence...........
Evidence Act, 1872, Section 3 -- Tape recorded conversation - Can be identified either by the maker of the record or by others who recognise his voice...........
Evidence Act, 1872, Section 114 -- Non examination of important witnesses - Adverse inference has to be drawn that had these witnesses been examined they would have not supported the prosecution case...........
