Evidence Act, 1872, Section 102 -- Burden of proof - Gift deed - When a person obtains any benefit from another, Court would call upon person who wishes to maintain the right to gift to discharge burden of proving that he exerted no influence for purpose of obtaining the document...........
Evidence Act, 1872, Section 108 -- Presumption as to death - When it is proved that person is not heard of for seven years by those who would have naturally have heard of him if he had been alive, burden of proving that he is alive is shifted to person who affirms it...........
Evidence Act, 1872, Section 108 -- Presumption as to death - Husband of petitioner missing in 2011 and he has not been heard for more than 7 years - He shall be presumed to have been dead - Directions issued to respondent to consider the application of Legal heirship certificate of petitioners...........
National Security Act, 1980, Section 3, 8(1) -- Detention order - Detenue was deprived of right which emanates from provision of S.8(1) of the Act, having representation being considered expeditiously - Failure of Central and State governments to communicate the rejection of representation in a time bound manner would vitiate the order of detention - Order of detention set..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 420, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Specific allegations made in FIR in regard to demand for dowry - High Court committed error in quashing the proceedings - Order of High Court quashing proceedings set aside...........
National Security Act, 1980, Section 3, 8 -- Detention order - Depriving detenue of right which emanates from provisions of S.8(1) of National Security Act of having representation being considered expeditiously and failure of Central and State governments to communicate rejection of representation in a time bound manner would vitiate order of detention...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Rotting of potatoes stored in Cold storage - Policy applicable clearly provides that insurer would not be liable for any damage if temperature in Refrigeration chambers does not exceed 400 F - Surveyor's report indicates that temperature never exceeded 400 F, which was also accepted by appellants..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Summoning of loan file - Sought to be summoned after completion of evidence of complainant - Accused not replied to demand notice or he did not file any such application at the time of taking cognizance or reading over the statement of charges - Trial Court as..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 27(a), 29 -- Anticipatory bail - Offence u/ss 25, 27(a), 29 NDPS Act - Admittedly, petitioner presently is a sitting MLA - Assembly election has been declared in State of Punjab, one week may be afforded to petitioner to avail his remedy and in meanwhile, he be..........
Indian Penal Code, 1860, Section 324, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 23 -- Offence u/s 324 IPC and S.23 of JJ Act - Accused being a teacher had no intention to cause hurt to student/complainant - Alleged incident occurred when accused attempted to bring attention of accused to class - No material on record that accused caused any..........
