Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Disproportionate assets - Offence u/s.13(1)(e) r/w S.13(2) - Essential conditions required to be satisfied - Held, prosecution has burden to prove that value of property or properties, which accused was alleged to have had in possession, either personally or through any member(s) of his family - There must be..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Contention that husband is having landed properties from which he is deriving an annual income of Rs.1,00,000/- and he is a coolie by which he is earning a sum of Rs.6,000/- P.M - There is no proof that he is drawing any income from immovable properties - Held, taking into account normal income from doing..........
Bahi entries -- Cannot be said to be proved merely from the statement of the proprietor of the firm - Mere marking of an exhibit does not dispense with proof of document as name of author of such entries neither forthcoming nor examined in support of such bahi entries and still more so when corroborative evidence was not forthcoming in the nature of income tax returns..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Amount of Rs.7,50,000/- was involved - Inconsistent versions of complaint about subject transaction and execution of cheques - Non-mentioning of loan in income tax returns of complainant - Non-production of any bank statement - Non-filing of any books or statements of account -..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendent lite - Grant of maintenance pendente lite @ Rs.5,000/- per month and Rs.10,000/- as litigation expenses to petitioner by trial Court - Validity - Wife is Master in Mass Communication - Allegations are that she is working in Total TV Channel - Though no proof of income has come on record, it cannot be said that she..........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Maintenance - Proof of income - Husband in special knowledge of his income - It is incumbent upon husband to prove his income to be either less or more than what is alleged by the aggrieved wife...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Husband working as Branch in Scheduled Bank - Salary of husband cannot be less than Rs.40,000/- p.m. - No proof of wife's income adduced by husband - Considering price rise and that child was school going boy, granting maintenance of Rs.5,000/- to wife and Rs.3,000/- to child and granting litigation expenses of..........
Hindu law -- Partition suit - Unity of title - Blending - Proof of - Plaintiff has not been able to show that he was earning and had substantial income at relevant time - Plaintiff has given two different versions as to his source of income - Defendant No.1 has unequivocally stated that it was defendant No.2 who contributed solely towards purchase of land on which house..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Section 151 -- Eviction petition - Sub tenancy one of the grounds - Leading additional evidence to produce Income Tax Return and proof thereof by examining ITO to show that sub tenant is in possession of premises and is paying rent to tenant - Additional evidence can be led at the belated..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Ceased to occupy - Landlord stating on oath that tenant has ceased to occupy tenanted shop and doing no business therein - Landlord discharges its burden of proof - Onus then shifts on tenant to prove that he is still doing business therein by producing accounts book, sales tax registration, income tax..........
