Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Presumption - Rebuttal - Accused did not lead any evidence to rebut the presumption - Statement of accused recorded u/s 313 Cr.P.C. is not a substantive evidence of defence, but only an opportunity to accused to explain the incriminating circumstances..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Presumption - Rebuttal - Accused recorded his statement u/s 313 Cr.P.C. but not adduced any evidence to rebut the presumption that cheque was issued for consideration - Once the facts came on record remain unrebutted and supported with evidence on record..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption u/s 113-A of Evidence Act - Injuries on body of deceased were on both sides whereof explanation that she had fallen from a wooden ladder was not found convincing - Contradictions were found in statements of witnesses who have stated that wooden ladder which was being..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Complainant not a licensed money lender - Presumption u/s 139 of the Act not available - Accused rightly acquitted...........
Evidence Act, 1872, Section 106 -- Presumption - S.106 of the Act does not directly operate against either a husband or wife staying under same roof and being last person seen with deceased - S.106 of the Act does not absolve prosecution of discharging its primary burden of proving the prosecution case beyond reasonable doubt - It is only when prosecution has led evidence..........
Hindu Marriage Act, 1955, Section 11, 12(1)(c) -- Annulment of marriage - Forcible marriage - Petition by wife - Mere failure of husband to further cross-examine wife or to lead his own evidence could not have automatically draw a presumption that husband obtained wife's consent for marriage under influence of a spiked cold drink...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Long cohabitation of 15 years between parties living together as man and woman, even without performance of essential rituals of marriage, would give rise to a presumption that applicant was living with husband as wife - Presumption of cohabitation as husband and wife is also not rebutted by his subsequent..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Suit for cancellation - Presumption - Available only till it is disproved - It is always open to the person challenging to disprove the same in accordance with law - Validity of adoption deed can be examined by Court when question regarding its validity is raised...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Presumption as to - Adoptive father was not in a fit condition to give free consent at the time of adoption - Both adoptive father and natural father did not even know contents of deed - It is thus, wrongly mentioned in deed that adoption deed has been written after hearing and..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Husband pleaded that he had undergone vasectomy operation in 2005 and wife got pregnant in 2007, thus a presumption needs to be drawn against wife as to allegation of adultery - Plea rejected, as documents in support of the same produced by husband, but author of said documents not examined -..........
