Evidence Act, 1872, Section 102 -- Burden of proof - Will - Burden of proving Will by evidence is upon its propounder - However, in cases where validity of Will is challenged on the ground of fraud, coercion or undue influence, burden of proof would be on the caveator...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Handwriting expert - No plausible justification or explanation given by accused to examine handwriting expert - Power u/s 311 Cr.P.C should be exercised only for strong and valid reasons and with great caution and circumspection - Application rightly..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Handwriting expert - No plausible justification or explanation given by accused to examine handwriting expert - Power u/s 311 Cr.P.C should be exercised only for strong and valid reasons and with great caution and circumspection - Application rightly..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Theft of passenger's money while travelling in a train - Railways cannot be held, liable for theft of passenger's belongings - Consumer complaint dismissed...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - Mere recovery of tainted money without proof of demand will not render accused guilty of offence u/ss 7, 13(1)(d) of the Act...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - A-1 demanded and accepted Rs.1000 from PW3 and gave one note of Rs.100 to A-2 - Having accepted the recovery of tainted money from possession of A-1, his theory of forcible implanting does not carry any merit for consideration, particularly when PWs prove the..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - A-1 demanded bribe and obtained it from PW3 and A-2 received Rs.100 from A-1 - Prosecution not alleged that A-2 jointly demanded bribe with A-1 or he demanded bribe from PW3 independently - Whether money was given as a share in illegal gratification or for any..........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Demand of dowry - Quashing of FIR - Specific overt acts are alleged against all the accused - Investigation is yet to be completed by police - Defence of accused thus, cannot be considered in present petition for quashing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused denied his signatures on cheque - Burden is upon accused to produce admitted signature and seek for an expert opinion - Having failed to do so, adverse inference is drawn against him that disputing signatures is for the formal sake of denial - Accused convicted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant was an illiterate lady and accused was an educated person - PW1 spoken about lending of money and presentation of cheque - Duty is thus, cast upon accused to establish how his personal cheque went to the hands of complainant - No explanation is forthcoming from accused - Neither accused..........
