Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards share of profit of joint business - No proof of business or accrual of profit - No proof that amount was outstanding towards accused and was a debt or liability - Court not considered defence that cheque was of the year 2005 and was either retained or stolen by complainant -..........
Family Courts Act, 1984, Section 14 -- Rule of relevancy and admissibility - Scope - S.14 of the Act only relaxes observance of rules of relevancy and admissibility of evidence rather than dispensing with the very fundamental principles of evidence and natural justice or proof of contents of a document...........
Family Courts Act, 1984, Section 14 -- Proof of document - A document merely marked with or without consent of opposite party in a proceeding before a Family Court is no proof at all unless the contents thereof are either admitted by adverse party or proved through the persons who can vouch for the truth of the facts...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Ancestral property - Proof of - To prove nature of property as ancestral, revenue excerpt is essential and necessary for placing on record and in absence thereof suit may be dismissed - Kanungo did not bring the complete record as record was only upto particular pedigree - Summoning of other Kanungo to prepare excerpt afresh..........
Criminal trial -- Suspicion, howsoever grave, cannot substitute proof...........
Indian Penal Code, 1860, Section 302, 465, 419, Evidence Act, 1872, Section 106 -- Double murder case - Burden of proof - Accused along with two deceased were staying in hotel room - There was nobody else in the room at the time of incident - Therefore, in view of evidence on record and lack of explanation by accused leads to only conclusion that it was none else than..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Burden of proof - Deceased was first strangulated and then her dead body was set to fire, thus, theory of accident as propounded by accused is totally ruled out - Prosecution failed to lead even a shred of evidence so as to establish that accused was present in the..........
Contempt of Courts Act, 1971 -- Proceedings under the Act - Is quasi-criminal in nature - Standard of proof required is that of criminal proceedings and violation should be established beyond reasonable doubt...........
Evidence Act, 1872, Section 106 -- Burden of proof - Offence u/s 304(Part II) IPC - Although burden was upon accused to discharge onus of fact within her special knowledge of Ss.105, 106 of the Act - However, accused can still raise plea of exception...........
Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 102 -- Registered sale deed - Burden of proof - Registration of sale deed carries with it a presumption that it was validly executed - Burden of proof lies on the party challenging genuineness of transaction to show that it is not valid in law...........
