Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of more than 3 years in filing appeal - No evidence was produced by petitioner for condoning delay apart from making a bald statement that he was mentally upset and not aware of proceedings - Delay cannot be condoned mechanically in absence of sufficient cause - Considering that there is an inordinate delay of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of provision of S.52-A of the Act - No evidence is on record to the effect that procedure prescribed u/s 52-A(2), (3) and (4) of the Act was followed while making the seizure and drawing sample such as preparing the inventory and getting it certified by Magistrate - No evidence..........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - In the first place expert opinion should be obtained for assistance, if such an opinion is not available, Court has to compare the disputed writings and come to its conclusion...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Once minor child of parties had specifically deposed that her father had tried to throttle her mother on many occasions and that he habitually locked up his family from outside and left them to fend for themselves in that situation for days, no other evidence of cruelty was required to be..........
Evidence Act, 1872, Section 90 -- 30 years old document - Presumption - Mere age of document is not a conclusive proof of its due execution - At least a prima facie proof is necessary to show that document is 30 years old for raising presumption u/s 90 of the Act, though it is rebuttable presumption...........
Protection of Children from Sexual Offences Act, 2012, Section 11(1), 12, Indian Penal Code, 1860, Section 509 -- Sexual harassment - Prima facie ingredients of offences in question have been made out by prosecution - Question as to whether accused had required sexual intent is a matter of evidence and the same will be available during trial alone - Discharge application..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Presumption - Plaintiff discharged his initial burden by examining scribe of promissory notes, as there are no attestors to promissory notes - Evidence of scribe well supports the case of plaintiff - To rebut the evidence of plaintiff, defendant except examining herself did not produce any evidence -..........
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 25, 26 -- Confessional statements - Recorded by Police Officers which are part of charge sheet must be ignored and cannot remain a part thereof...........
Evidence Act, 1872, Section 45 -- Expert opinion - Sending blood stained clothes, sword and other material which were used to inflict injuries to FSL and to obtain a report on the same - Application being in the nature of adducing evidence has to be filed at the stage of prosecution evidence before Sessions Court - Dismissing application on the ground that same ought to be..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for possession - In a suit for possession, burden of proof lies on plaintiff...........
