Evidence Act, 1872, Section 106 -- Burden of proof - Murder case - When prosecution failed to prove basic facts as alleged against accused, burden could not be shifted on accused by pressing into service the provisions contained in S.106 of the Act...........
Transfer of Property Act, 1882, Section 106 -- Notice - Tenancy was a monthly tenancy - Notice therefore u/s 106 of the Act for a period of 15 days was mandatory - Suit for eviction was filed much after expiry of 15 days from date of service of notice - Mandatory requirement of S.106 of the Act is duly complied with - Tenant rightly evicted...........
Evidence Act, 1872, Section 106 -- Burden of proof - Service matter - Whether an employee after dismissal was gainfully employed is within his special knowledge - Therefore, considering S.106 of the Act, burden is on employee to come out with a case that he was not gainfully employed during relevant period...........
Evidence Act, 1872, Section 106 -- Scope - Provision of S.106 Evidence Act applies when prosecution is successful in establishing facts from which a reasonable inference can be drawn regarding existence of certain other facts which are within special knowledge of accused and accused fails to offer proper explanation about existence of said other facts, Court can always..........
Indian Penal Code, 1860, Section 304(2), Evidence Act, 1872, Section 106 -- Offence u/s 304(2) IPC - Deceased died in her matrimonial home rather in the room in which she used to live with her husband/accused - Provisions of S.106 of Evidence Act is thus, attracted - Accused admitted his presence at the place of occurrence - He informed brother of deceased about hanging -..........
Evidence Act, 1872, Section 106 -- Burden of proof - Aid of S.106 of the Act, can be taken in a criminal trial only when prosecution has led evidence which if believed will sustain a conviction or which makes out a prima facie case - Unless this is done, burden of proving anything would not lie on accused...........
Transfer of Property Act, 1882, Section 107, 106 -- Termination of lease - If a registered lease deed is executed and if no option is reserved to landlord to determine lease, lease stands terminated by efflux of period mentioned therein and not at the unilateral option of landlord...........
Transfer of Property Act, 1882, Section 107, 106 -- Termination of lease - Lease deed executed for a fixed period of 30 years - Rent payable annually - Lease shall be deemed to be yearly lease with secured terms of 30 years - Quit notice issued by landlord by granting 15 days notice is contrary to S.107 of the Act, as termination of lease can be made only by issuing a quit..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 106 -- Murder - Accused-husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Accused-brother in law of husband who was escorting deceased from her parental home was last person seen in her company - Burden to prove the guilt is always..........
Motor Vehicles Act, 1988, Section 185, 203, 204, 205, Evidence Act, 1872, Section 106 -- Accident claim - Burden of proof - Driver under influence of alcohol - Facts about nature, quantity and place of consumption would be within special knowledge of person who has consumed alcohol - It would be "disproportionately difficult" for insurer to prove whether driver was empty..........
