Evidence Act, 1872, Section 102 -- Burden of proof - Recovery suit on basis of promissory note - Burden of proof lies on plaintiff to prove execution of promissory note - Once burden of proof is discharged by plaintiff, onus shifts on defendant to disprove execution of same...........
Indian Penal Code, 1860, Section 302, 498A -- Murder of wife by husband - Cruelty - Death by burning - Deceased after the incident and while she was in hospital made multiple statements - Contradictions were found in statements of deceased - First statement made by deceased supported defence case and was contrary to case set up by prosecution was suspiciously not brought..........
Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry Death - Deceased committed suicide in her matrimonial home within 2 months of her marriage - Prosecution failed to prove any ill-treatment meted out to deceased within 2 months of her matrimony - Money was transferred in favour of accused in lieu of golden ornaments purchased by them as per agreement between both the..........
Indian Penal Code, 1860, Section 376(2)(g), 302, 120B, 34 -- Rape and murder of 13 years old girl - Circumstantial evidence - Forensic evidence for tests of scalp hairs, pubic hairs, seminal strains on certain exhibits, blood stains on knife etc. is on record, but reports of the same do not in any way provide proof to establish guilt of accused - There is no eye witness to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession, permanent injunction and recovery of damages - Concurrent findings of fact that defendant was unable to prove that he was occupying suit property as a tenant - Plaintiff on the other hand was able to prove that defendant was occupying suit premises as a licensee - No interference warranted in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction from dispossession - Before plaintiff can be granted an injunction from being dispossessed he has to prima facie prove that he is in settled possession, particularly when he is seeking injunction against owners...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Vacation of order - Plaintiff claims to have perfected his title by adverse possession - However, he has not pleaded as to how he entered into possession - Plaintiff has neither produced electricity bill nor produced any other relevant material to prove his possession - There is not even a single entry..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Wife is in habit of leaving matrimonial home regularly and residing in her parental house - Although this by itself may not be a cruelty but there are instances when she left the house alone during night hours and used to wear white saree without putting bangles and vermilion on her forehead -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Case put forward by accused is more believable and that it cannot be believed that complainant had lent a sum to a person whom he has seen only from tyre shop, when accused came to purchase tyres - It has come out during cross examination that complainant..........
Indian Penal Code, 1860, Section 304I, 100, Arms Act, 1959, Section 25, 27, Evidence Act, 1872, Section 105 -- Offence u/s 304-I IPC and Ss.25, 27 of Arms Act - Right of private defence - Plea of self defence never raised in statement u/s 313 Cr.P.C of accused nor same elucidated to PWs during cross-examination on behalf of accused by defence counsel - Even no evidence has..........
