Protection of Children from Sexual Offences Act, 2012, Section 4 -- Offence u/s 4 of the Act - Evidence of victim and that of her mother are incompatible - Doctor who examined the victim girl has specifically stated that she did not find any injury external or internal - Hymen was intact and the Doctor has opined that there was no penetration at the time of occurrence - In..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Courts while granting bail are required to consider relevant factors such as nature of accusation, role ascribed to accused concerned, possibilities/chances of tampering with the evidence and/or witnesses, antecedents, flight risk et al...........
Evidence Act, 1872, Section 101 -- Will - Burden of proof to prove Will is on propounder of Will...........
Evidence Act, 1872, Section 90 -- Thirty years old document - Presumption is with regard to proper execution of document which is 30 years old and not the proof of execution thereof...........
Evidence Act, 1872, Section 90 -- Gift deed more than 30 years old - Executant has subscribed her left hand thumb impression on gift deed - Therefore, presumption as is available u/s 90 of the Act could not have been per se made applicable so as to deny the demand for proof of gift deed...........
Evidence Act, 1872, Section 90 -- Gift deed more than 30 years old - Document is in the handwriting of executant - However, original gift deed is not produced before Court by defendant - Plaintiff thus, lost his chance to question the genuineness and veracity of gift deed and parties did not know whether gift deed was in handwriting of executant...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Application filed after conclusion of evidence of plaintiff without disclosing in the application as to why those documents could not be produced earlier - Application rightly rejected - However, since family Court has closed the right of plaintiff to cross-examine the witnesses of defendant, one..........
Consumer Protection Act, 1986, Section 2(7) -- Consumer complaint - Purchase of flat - Flat in question was being purchased by respondent for the purpose of residence of one of its Directors and his family and that the company is a family owned company - Mere fact that respondent/company is a real estate company, it does not mean that the flat was purchased by it for..........
Evidence Act, 1872, Section 101 -- Burden of proof - Recovery suit - Agricultural loan - Execution of relevant documents before plaintiff bank and also availing of loan amount and creation of equitable mortgage is not at all disputed by defendant - However, defendant in his defence stated that he deposited certain part payment but bank has not given any receipt to that..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Defendants have not denied signatures on cheque or promissory notes - Though defendants have pleaded that plaintiff obtained their signatures on promissory notes under coercion, threat and undue influence, however, no evidence led in support of such plea - Even, defendants have not taken..........
