Evidence Act, 1872, Section 113B -- Dowry death - Presumption as to - Held, if ingredients are made out, then accused is deemed to have caused death of woman but is entitled to rebut statutory presumption of having caused a dowry death...........
Wild Life (Protection) Act, 1972, Section 51, 51(1A), 57, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Illegal transportation of prohibited item - Investigation revealed that accused had actual knowledge about transportation of prohibited item as he came forward to collect said items - Co-accused being driver of vehicle and in view of legal..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of summons - Plea that cheques were given as security and not in discharge of any legal liability - Held, since defence of petitioners was not before Court at the time of issuing of summons as such Court had no occasion to look into same..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption under - If a woman has committed suicide within a period of seven years from date of her marriage and that her husband had subjected her to cruelty, Court may presume, having regard to all other circumstances of case, that such suicide had been abetted by her..........
Indian Penal Code, 1860, Section 304B, 498A - - Dowry death - Cruelty - Death due to poisoning in matrimonial home within 1-1/2 years of marriage - Presumption of S.113-B Evidence Act attracted - Ample evidence to prove that deceased was subjected to cruelty & harassment for demand of dowry soon before her death as proved by PWs - FSL report proves that death caused due to..........
Evidence Act, 1872, Section 114 -- Party not appearing in the witness box as his own witness and not offering himself to be cross examined by the other side - A presumption arises that case set up by him is not correct...........
Service -- Retiral dues - Delay & laches - Claim of retiral dues after 17 years of retirement - Courts below having raised presumption of no, service of cheque allowed claim of respondent without considering question of limitation or delay and laches - Held, impugned order liable to be set aside - Matter remanded to High Court for fresh adjudication with direction that it..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Wife committed suicide within a year of marriage - Allegation of cruelty and harassment on demand of dowry soon before death proved against husband as he demanded Rs.3 lacs form deceased for starting new business and for purchasing motor cycle - No evidence of cruelty and harassment has been proved..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Ominous statements regarding demand of dowry - No evidence to come to definite conclusion that soon before death deceased was subjected to cruelty or harassment for or in connection with any demand of dowry - In absence of such ingredients presumption of dowry death..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - N.R.I. Landlord - Bona fide need - Held, in a petition filed u/s.13-B of the Act, on fulfilling conditions of being NRI, a presumption is to be drawn in favour of landlord with regard to his bona fide need and such a presumption can be dispelled only by making a strong case by placing relevant material..........
