Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Last seen evidence - Prosecution has established that deceased and accused left the house of PW5 together and soon thereafter death of deceased had occurred - Burden to show as to what happened after leaving house would shift on accused in view of S.106 of Evidence Act - However, accused have utterly failed..........
Agreement to sell -- Oral agreement to sell - Specific performance - Plaintiff and defendants were close friends - Payment of Rs.70,000 and handing over possession of suit block thus, not sufficient in the absence of cogent and reliable evidence to establish the oral agreement for sale - Burden is on plaintiff to prove with certainty that there was an oral agreement of..........
Negotiable Instruments Act, 1881, Section 4, 118, Evidence Act, 1872, Section 102 -- Promissory note - Consideration - Burden of proof - Burden lies on defendant to prove non-existence of consideration by bringing on record such facts and circumstances which would lead Court to believe non-existence of consideration - However, if the defendant discharges the onus of proof..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Cannot be allowed merely for purposes of facilitating case of one or other party and it is not the business of Courts to discharge burden of evidence of either party...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused denied issuance of cheque, his signature on cheque, on receipt of notice and acknowledgement slip - Complainant did not produce any evidence to prove that signature on these documents were of accused - Complainant failed to discharge his burden of proving his case beyond reasonable doubt -..........
Evidence Act, 1872, Section 102 -- Burden of proof - Plea of fraud - Specific plea of fraud is taken by plaintiffs - To prove this fact burden lies on plaintiffs themselves - Shifting of burden to prove such fraud on defendant by first Appellate Court is wrong and unsustainable...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of 5 years old daughter by her own mother - Prosecution evidence categorically established that deceased was last seen alive with accused only - Accused required to explain circumstances leading to demise of deceased - However, accused failed to explain the same and upon her failure burden u/s..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - If accused does not throw any light upon facts which are proved to be within his special knowledge, such failure on part of accused may be used against accused as it may provide an additional link in chain of circumstances required to be proved against him...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - When last seen theory is proved coupled with other circumstances such as time when deceased was last seen with accused, and recovery of corpse being in very close proximity of time, accused does owe explanation u/s 106 of Evidence Act with regard to circumstances under..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commission - Application U.O.26.R.9 CPC cannot be allowed merely for the purposes of facilitating case of one or other party and it is not the business of Courts to discharge burden of evidence of either party...........
