Indian Penal Code, 1860, Section 498A -- Cruelty - No direct evidence to prove the alleged cruelty exercised by accused on deceased - PW2 to PW5 only deposed that deceased told them that accused used to ill-treat and tortured her - Their evidence is thus, hit by S.60 of Evidence Act being hearsay evidence - None of PWs said that alleged torture or ill treatment exercised..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Complainant has successfully proved by leading cogent and convincing evidence that accused issued cheque in question in discharge of his lawful liability, but the same came to be dishonoured - Since despite issuance of legal notice accused failed to make good the payment,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Injunction suit - Applicants have placed before trial Court enough material to show their prima facie right over subject land - Fact as to whether newly arrayed defendants are having title or any right over property is to be determined by trial Court on basis of rival pleadings and evidence to be led..........
Evidence Act, 1872, Section 92 -- Proviso - Scope - Oral evidence - First proviso to S.92 permits any fact which may prove which would invalidate any document such as fraud, intimidation, illegality, want of due execution can be led into evidence...........
Civil Procedure Code, 1908, Section 100, 103 -- Second appeal - Findings of first appellate Court - High Court reversed the findings of first appellate Court after recording sound and convincing reasons - Appreciation of evidence by first appellate Court was on basis of it having overlooked material facts, such as appreciation of documentary and oral evidence led before..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Train - Late arrival - Compensation - Railways to prove that delay occurred because of reasons beyond their control - Railways is liable to pay compensation for the delay and late arrival of trains when no evidence is led that delay was beyond their control and there is no justification for delay...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Plea of false implication - 10 kg charas recovered from possession of accused and market value of same is 1 crore - Hence, it cannot be presumed that police planted charas worth Rs.1 crore falsely - As regarding contention of accused that police demanded..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Status quo order - Suit for specific performance - Prima facie there is dispute qua possession of property, which can only be decided on basis of evidence which will be led by parties during trial - Question that defendant should be allowed to raise construction on disputed property will mean that a..........
Indian Penal Code, 1860, Section 302, 34, 120B -- Murder - Circumstantial evidence - No motive alleged or proved which would swayed A-2 to commit murder of deceased - Even, prosecution has led no evidence that there was any meeting of mind between A-1 and A-2 or that they hatched any conspiracy together to commit murder of deceased - None of articles recovered have been..........
Evidence Act, 1872, Section 106 -- Burden of proof - Aid of S.106 of the Act, can be taken in a criminal trial only when prosecution has led evidence which if believed will sustain a conviction or which makes out a prima facie case - Unless this is done, burden of proving anything would not lie on accused...........
