Suit for recovery of possession -- Predecessor-in-interest of respondents was partner with appellants - Entire second floor of demised premises was given on rent to partnership firm - After dissolution of firm, rent receipt was issued in name of only one partner and it was silent about others - Even after death of predecessor respondents continued to occupy premises - In..........
Matrimonial litigation -- Furnishing of affidavit of assets, income and expenditure - Directions issued to Family Courts in the States of Punjab, Haryana and Union Territory of Chandigarh and also to all Courts handling matrimonial litigation in the said states that : (i) Courts shall insist upon parties to furnish "Affidavit of assets, income and expenditure" in given..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482 -- Rape - Termination of pregnancy - Unilateral decision of prosecutrix - It has to be held that aborting child was to defeat the scientific DNA test - Adverse inference has to be drawn that if she had undergone DNA testing process it would have revealed that..........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Additional evidence at appellate stage - Dishonour of cheque - Documents sought by accused to demonstrate that cheque was drawn by way of security only and to contest the quantum of liability of which cheque was already drawn - Omission to produce said documents before trial Court..........
Evidence Act, 1872, Section 114 -- Adverse inference - Validity of marriage between defendant no.1 and first wife - Marriage is said to have taken place 45 years prior to filing of suit - It is quite impossible for parties to prove direct evidence of factum of marriage - Though non-examination of first wife no doubt would cast a cloud on case of plaintiffs being daughters..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Husband denied having income as alleged by wife - Even there is no specific averment by husband as regards his income - Adverse inference rightly drawn by family Court that husband is an able bodied person and must be earning minimum wages apart from being an owner of 12 acres of land, thus, rightly..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Matrimonial case pending between parties - Husband filed application for DNA test of himself, wife and her child - Wife stayed with him only for 3 days and there was no cohabitation even during those three days and thereafter she left matrimonial home - Husband alleged that after leaving matrimonial home,..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused - Every accused has a right to keep silent or deny incriminating circumstance emerged against him/her in evidence, but in such eventualities an adverse inference can be drawn against accused because despite opportunity provided to him/her, she/he failed to raise any defence in his/her behalf...........
Indian Penal Code, 1860, Section 302, 120B -- Defective investigation - Murder - Investigation of case was carried out either with pre-conceived notions or with a particular result in view - Omissions on part of investigating agency cannot be ignored as mere oversight - Omissions perforce give rise to adverse inference against prosecution...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 1 kg 250 gms charas - Non-joining of independent witness - Place of recovery is secluded and no independent witness was available at the spot as per I.O as well as PW8 - They made efforts to associate drivers of vehicles, moving on road, as witnesses, however, no one was willing to join..........
