Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused by leading his evidence and also producing several documents and also through cross examination of PW1 could successfully rebut presumption formed in favour of complainant - Even, complainant failed to prove loan transaction between himself and accused - Both Courts below erred in appreciating..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of possession in favour of plaintiff being a finding of fact based on material evidence available on record is not liable to be interfered by High Court in exercise of its power u/s 100 CPC...........
Criminal Procedure Code, 1973, Section 439, Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Section 6, 23 -- Bail - Pre-natal sex determination and abortion of female fetuses - Allegations in FIR and charge sheet as well as disclosure statements made by petitioner and co-accused u/s 27 of Evidence Act, reveal prima facie, petitioner had a..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - At appellate stage - Injunction suit - Parties to litigation claim that their properties situate in different survey numbers - Therefore, to come to a just conclusion that in which survey number lands of respective parties are situated, appointment of an Advocate Commissioner is necessary - Moreover, it..........
Criminal Procedure Code, 1973, Section 173(8) -- Fresh investigation - Transfer of investigation to CBI - Offence u/ss 304, 34 IPC - Elaborate and meticulous investigation with the help of forensic experts not done in the case - There are several loopholes in the manner of collecting vital evidence in the case - No material taken for ascertaining cause of death - Deceased..........
Indian Penal Code, 1860, Section 302, 323, 34 -- Nature of offence - Injuries caused to deceased were superficial and simple in nature - None of internal organs of deceased were effected by injuries - Eye witnesses did not give convincing evidence to establish that any of accused used a sharp weapon while assaulting deceased - There exist grave contradictions in statements..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First Appellate Court - Suit for permanent injunction and possession - Once title of plaintiff stood confirmed and that being a finding of fact, said finding of fact cannot be open to be assailed primarily on technical grounds as raised in terms of O.41.R.31 CPC - No material produced by appellants/defendants to..........
Service -- Discharge/dismissal - Where an employer has failed to make an enquiry before dismissal or discharge of a workman, it is open for him to justify action before Labour Court by leading evidence before it...........
Service -- Termination - Respondent abandoned her service in 1997 and had never reported back for work - Onus was on employee to prove that she had worked continuously for 240 days preceding date of her alleged termination - Respondent failed to discharge onus upon her to prove that she had worked for 240 days in preceding 12 months prior to her alleged termination - Full..........
Evidence Act, 1872, Section 6 -- Res gestea - Offence u/s 354 IPC - PW1, mother of victim does not claim to have seen the incident and she is a hearsay witness - However, testimony of PW1 would be relevant and admissible in evidence u/s 6 of the Act - Principle of res gestea would be applicable being part of same transaction, as she went to house of accused in search of..........
