Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 50 bags of poppy husk - Testimony of official witnesses - PWs appear before Court after a long gap and certain minor contradictions are bound to occur in the testimonies of PWs - However, such minor variations have to be overlooked by Courts when case of prosecution is otherwise found to be..........
Benami Transactions (Prohibition) Act, 1988, Section 2(a) -- Definition of the expression `benami transaction' can be borrowed from S.2(a) of the Act in respect of the transaction held prior to the promulgation of the Act - As defined in S.2(a) of the Act `benami transaction' means any transaction in which property is transferred to one person for a consideration paid or..........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - Source of money is no doubt an important factor but not a decisive one - Intention of supplier of consideration money is vital fact to be proved by party who asserts benami...........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - If a husband supplies consideration money for acquiring property in the name of his wife, such fact does not necessarily imply benami transaction - Intention of supplier of consideration money is vital fact to be proved by party who asserts benami...........
Benami Transactions (Prohibition) Act, 1988, Section 4, Evidence Act, 1872, Section 102 -- Benami transaction - Burden of proof - Burden of showing that a transfer is a benami transaction always lies on person who asserts it...........
Evidence Act, 1872, Section 101 -- Burden of proof - Partition suit - Initial burden of proving suit property to be joint family property is on plaintiffs - Therefore it is for plaintiffs to prove through oral and documentary evidence that suit property was purchased out of joint family income...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Challenge thereto - Stay of operation of order - There cannot be generalized direction not to stay the operation of the interim maintenance order solely on the ground that the revisionist did not deposit the entire amount of awarded maintenance - Of course, if otherwise the factual..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual assault - Mere fact that there may not have been any witness to incident of sexual assault may not by itself let the accused free, unless Court finds child to be precocious enough to make out a story and consistently repeat the same...........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506 -- Aggravated penetrative sexual assault of 9 years old boy - Victim clearly and unequivocally stated that accused inserted his penis into anus of victim - Medical report confirmed the laceration and tear of anus - Nothing is brought by accused to establish to the..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Deceased died within seven years of her marriage in her matrimonial house on account of ante mortem burn injuries - However, there is no allegation in the FIR regarding demand of dowry - There is no evidence regarding any physical and mental torture of deceased -..........
