Drugs and Cosmetics Act, 1940, Section 18, 19(3), 27 -- Sale of misbranded and adulterated drug - Accused/retailer purchased drug from a valid licensed manufacturer whose identity was disclosed to PW1 at first available opportunity - However, PW1 nowhere alleged that report of first sample was ever confronted to accused - Accused u/s 313 Cr.P.C specifically denied receipt..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Not permissible on an issue the burden of which was on plaintiff in affirmative...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence plea of accused - Offence u/s 138 of the Act, is an offence in personal nature of complainant and since it is within special knowledge of accused as to why he is not to face trial u/s 138 of the Act, he alone has to take plea of defence and burden cannot be shifted to complainant...........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Four cheques issued on different dates for single debt - There is absolutely no reference to debt in statutory demand notices - In complaint amount of debt is quantified at Rs.3 lakhs, but there is no whisper about date on which debt was incurred -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Deficiency in written statement came to knowledge of defendant only when newly engaged counsel was required to prepare affidavit of defendant to be submitted in evidence before Court - There is nothing to show any lack of diligence on part of defendant - Even, no prejudice would be caused to..........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Assessment - Land in question has potential of being used for no, agricultural purposes - There is no document in the form of comparable sale deed of any property in the vicinity - Burden to prove that market value of property is more than that disclosed in the sale deed is to be discharged by State, which State has..........
Easements Act, 1882, Section 35 -- Easementary rights - Injunction restraining disturbance - Plaintiffs have claimed right of way - Use of way was for more than 20 years, apparently, it was open and without obstruction - Plaintiff thus, discharged burden of establishing their long standing use of pathway which is nothing but easementary right by prescription - Concurrent..........
Negotiable Instruments Act, 1881, Section 138, 118(a), 139 -- Dishonour of cheque - Friendly loan - Presumptions u/ss 118(a), 139 of the Act - Accused successful in rebutting presumptions u/ss 118(a), 139 of the Act - Burden shifts upon complainant to prove her case beyond reasonable doubt - Since complainant miserably failed to prove her case beyond reasonable doubt,..........
Delhi Rent Control Act, 1958, Section 14(1)(a), 14(1)(b), Evidence Act, 1872, Section 101, 109 -- Rent and eviction - Sub-letting - Burden of proof - Tenant admitted tenancy in suit property but also asserted that he has surrendered said tenancy - Thus either u/ss 101, 109, Evidence Act burden of proving that tenancy had been surrendered was on tenant which was not..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first Appellate Court - Suit for cancellation of sale deed - First Appellate Court has merely given a judgment of affirmance without considering evidence available on record - It was plaintiff who attacked sale deed, thus, burden was on plaintiff to have proved her case - However, First Appellate Court by..........
