Motor Vehicles Act, 1988, Section 166 -- Accident - Contributory negligence - No sufficient evidence on record indicating that accident occurred due to negligent driving on the part of deceased - Even on the basis of allegation simpliciter, it cannot be presumed that accident occurred due to rash and negligent driving of both the vehicles for having driven at high speed -..........
Evidence Act, 1872, Section 101 -- Burden of proof - Suit for permanent injunction - Initial burden lies on plaintiff to prove that he was in actual and physical possession of property as on the date of suit...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Suit for permanent injunction - First Appellate Court thoroughly examined all aspects and decreed the suit by reversing the finding of trial Court simply because point for consideration is not properly framed, it cannot be said that total judgment of First Appellate Court is perverse -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Re-examination of complainant - Complainant had been cross-examined at length and petitioner had been afforded sufficient opportunities to lead his evidence - Petitioner had failed to establish as to how re-examination of complainant was going to the root of..........
Criminal Procedure Code, 1973, Section 125 -- Evidence without pleading cannot be taken into account...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - No cogent evidence adduced by husband in support of his allegation of adultery against wife - Proved fact is that wife is living separately along with minor daughter and she is unable to maintain herself and minor daughter - Considering the fact that husband has parents and second wife, besides..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Involvement of minor/appellant No.2 in accident - Father of appellant No.2 was driving vehicle at material time and not appellant No.2/minor - Minor was merely a passenger seated beside driver and had no role in the accident - Neither substantive or direct evidence establishing involvement of minor in the accident in..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Prosecution has not presented any incriminating evidence linking petitioner to alleged offence - Plea of petitioner regarding cheques being handed over which subsequently got dishonoured, matter falls under S.138 of the Act - Petitioner has..........
Evidence Act, 1872, Section 106 -- Burden of proof - Last seen theory - Murder - If prosecution proves by leading reliable evidence that accused was last seen with deceased, burden would be shifted on accused to explain said incriminating evidence either in his statement u/s 313 Cr.P.C. or by leading evidence in his defence or even by bringing out facts during course of..........
Indian Penal Code, 1860, Section 364A, 302 -- Kidnapping and murder - Circumstantial evidence - Last seen theory - PW18 had stated that he had seen accused with deceased in the evening on the day of incident - However, said evidence alone would not be sufficient to hold him guilty of alleged offence - Recovery of blade, nails and T-shirt with blood stains after two days of..........
