Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Unclaimed notice - Drawer of cheque needs to provide satisfactory and convincing evidence to show that address shown on notice is not his address - Drawer cannot frustrate legal process by not receiving the notice or by shifting residences without informing complainant...........
Family Courts Act, 1984, Section 14 -- Family Court - Evidence Act not strictly applicable to family court - However, S.14 of the Act does not dispense with burden of proof...........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Bank's slip is a prima facie evidence to presume dishonour of cheque as per S.146 of the Act - However, in order to apply S.146 of the Act, bank's slip should have to mention the number and date of cheque and also cheque amount with respect to cheque dishonoured to enter into a finding that cheque..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Commissioner's report - May not be evidence similar to the provision of O.26 CPC - However, in a given circumstance, it is treated so, though, for a limited purpose...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Objections as to maintainability of suit are mixed questions of fact and law and same are to be considered only on the basis of pleadings and the evidence of parties and not at the threshold on the basis of plaint allegations alone...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Benami property - Where a plea is taken that suit is saved by exception to benami transaction, it becomes the disputed question of fact which has to be adjudicated on the basis of evidence - Therefore, plaint cannot be rejected at the stage of consideration of application U.O.7.R.11 CPC...........
Foreigners Act, 1946, Section 9 -- Foreigner - Burden of proof - Appellant traced his ancestry from one `J' by claiming him to be his grandfather - Documents of voter lists and School leaving certificates were produced by appellant which were discarded by Tribunal and High Court being not proved - It is not the case of appellant that any material/admissible evidence was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Once signatures over cheque have been admitted by accused, then, onus is upon him to prove that cheque in question was issued without any legal liability - However, evidence of DW1 is too short to rebut said presumption - Since entire amount of compensation has been deposited and complainant has not..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Closure of initial evidence - There is no statement of plaintiff closing his evidence - Plaintiff is entitled to lead evidence in rebuttal with respect to issue, onus whereof is on defendant...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff closed his initial evidence - There is no statement of plaintiff closing his evidence - Plaintiff in rebuttal evidence was allowed to examine handwriting expert - Plaintiff got receipt examined from handwriting expert - Now he is required to prove the same - Such evidence could be..........
