Civil suit and criminal proceedings -- Civil suit and criminal proceedings u/s 138 NI Act - Acquittal in criminal case - Does not operate as res judicata in civil suit - Plaint cannot be rejected - Finding in a criminal proceeding is not binding in a civil proceeding - Standard of proof in a civil suit and criminal proceedings is different - In a criminal case the..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Legal position in a trap case summarized viz. (i) To succeed in such a case, the prosecution is obliged to prove the previous demand of bribe, its acceptance and the recovery of tainted money; (ii) The demand can be proved by the testimony of the complainant as well from the complaint made by him..........
Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102 -- Self defence - Burden to prove - Burden of proving self-defence is always on the accused - Such burden can be discharged by probablising the defence - Accused may discharge his onus by establishing a mere preponderance of probabilities...........
Motor Vehicles Act, 1988, Section 166 -- Bus reversed without blowing horn and hit the person standing behind who suffered head injury and died - Driver was thus negligent - Some discrepancies in the evidence of claimants - Court has to see whether bus was involved in the accident or not - For the purpose of determining the issue Court is to apply the burden of proof in..........
Indian Penal Code, 1860, Section 96, Evidence Act, 1872, Section 105 -- Self-defence - Plea of - Burden of proof - Held, burden of establishing plea of self-defence is on accused - Burden stands discharged by showing preponderance of probabilities in favour of that plea on basis of material on record...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Discharge of burden of proof by accused - Standard of - Held, accused may discharge his burden on the basis of materials already brought on record - It is not necessary for accused to prove his defence beyond reasonable realm of doubt - Standard of proof required on part of an accused and that of..........
Prevention of Corruption Act, 1988, Section 20, Evidence Act, 1872, Section 106 -- Burden of proof - Presumption u/s 20 of the Act is a rebuttable presumption - Accused can rebut it either through the cross examination of the witnesses cited against him or by adducing reliable evidence - It is not necessary for the accused to prove his case beyond reasonable doubt -..........
Indian Penal Code, 1860, Section 96, 106 -- Right of private defence - Burden of proof - Burden of proof lies on the accused that he aced in private defence - Accused can discharge his onus to by mere preponderance of probabilities either by cross examination of PW's or by adducing defence evidence...........
Negotiable Instruments Act, 1881, Section 139 -- Presumption - Rebuttal - Standard of proof for rebutting the presumption is not the same as is for proof of a criminal charge - For rebuttal of presumption arising in favour of prosecution, principle of preponderance of probability applies, while for proving a criminal charge, principle of strict proof is applicable...........
Indian Penal Code, 1860, Section 96, 106 -- Right of private defence - Burden of proof - Burden of proof is on the accused who sets up the plea of self defence and in the absence of proof it is not possible for the Court to presume the truth of plea of self defence - Accused is not necessarily required to call evidence, he can establish his plea by reference to..........
