Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Offence u/Ss.304B, 498A, 34 IPC - Discharge - Post-mortem report on record suggested that deceased died due to pneumonia - Further, complainant failed to provide any specific incident of harassment of deceased and any date or proof of giving money to accused - Moreover,..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for damages - Malicious prosecution - Burden of proof lies on plaintiff to show that he was maliciously prosecuted - It is upon plaintiff to show not only that defendant prosecuted him unsuccessfully but also that there was no reasonable and probable cause - Onus will shift to defendant after plaintiff adduces..........
Motor Vehicles Act, 1988, Section 166 -- Accident involving adult - Determination of income - Direction issued that: In cases where claimant has failed to furnish appropriate details of income or adequate proof thereof, it shall be responsibility and obligation of contesting party, more particularly Insurance Company to furnish before Tribunal applicable minimum wage as..........
Criminal trial -- Provisions relating to pre-arrest and post arrest bail - S.35 BNSS refusal to remand by Judicial Magistrate, discharge of accused by trial court and even acquittal for want of proof beyond reasonable doubts, are means to achieve broad goal to prevent curtailment of liberty without legal necessity - However, these provisions are not substitutes for one..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Strict proof of marriage should not be a pre-condition for maintenance in cases where a man and woman have been living together as husband and wife for a reasonable long period of time...........
Indian Penal Code, 1860, Section 304 -- Culpable homicide not amounting to murder - 3 stages to determine whether offence is "murder" or "culpable homicide not amounting to murder" - Stage 1 deals with question, whether accused committed act which caused death of another person - Proof of causal connection between act of accused and resulting death, leads to second stage,..........
Indian Penal Code, 1860, Section 452, 302 -- Murder - Plea of juvenile - Neither the Headmaster/Principal of the first attended school nor its records would qualify as `public servant' or `public record' or `public document' respectively - The certificate issued by School could not have been taken as conclusive proof of date of birth of Respondent No.2, discarding Form (A)..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Postal receipt not produced - This fatal defect means that statutory notice was never received by accused and fifteen days period never commenced - Absence of proof of receipt of notice is fatal in any event - Complaint dismissed...........
Will -- Registered - Proof - Burden lies on party who disputes its existence to establish that it was not executed in the manner as alleged or that there are suspicious circumstances which makes it doubtful...........
Will -- Proof of - Will distributed the properties in defined proportions between plaintiff and defendant - There is ample material on record to establish that testator anticipated that relations between plaintiff and defendant were not congenial and that is why, in order to avoid future conflicts, he divided his properties by way of a family settlement and bequeathed a..........
