Khasra Girdwari -- Entries - No presumption of truth is attached to entries in khasra girdawari...........
Evidence Act, 1872, Section 3 -- Circumstances evidence - Duty of Court - Held, when a case is totally hinges on circumstantial evidence, it is duty of Court to see that circumstances which lead towards guilt of accused have been fully established and they must lead to a singular conclusion that accused is guilty of offence and rule out probabilities which are likely to..........
Hindu Law -- Joint Hindu Family - Partition - Presumption under - Held, there is no presumption that any property was excluded from partition - Moreover, burden lies upon the person who alleges such exclusion...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Judgment of acquittal can be reversed in compelling circumstances when findings recorded by the Court below are found to be perverse i.e. if the conclusions arrived at by the court below are contrary to the evidence on record, or if the court's entire approach with respect to dealing with the evidence..........
Revenue record -- Entry in revenue record is a strong presumption of possession - Khasra is evidence of possession and khatauni of title - Even though presumption is rebuttable but revenue records raise a very strong initial presumption...........
Haryana Urban Development Authority Act, 1977, Section 15 -- Allotment of plot - Default in payment of installments - Resumption notice - Service of - Allotment letter was received by petitioner on same address on which notice before resumption was issued to him - Competent authority, who passed resumption order, appellate authority as well as revisional authority have..........
Prevention of Corruption Act, 1988, Section 20 -- Illegal gratification - Presumption u/s 20 of the Act is a rebuttable presumption - Presumption can be rebutted not only by leading evidence but also eliciting material facts in the cross-examination...........
Will -- More than 30 years old - Presumption regarding documents 30 years old does not apply to a will - A will has to be proved in terms of S.63(c) of the Succession Act r/w S.68 of Evidence Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 42, 50, 55 -- Recovery of Ganja - Conscious possession - Proof - Prosecution failed to prove conclusively that appellant "A" is owner of truck from which Ganja was recovered - No evidence on record which indicates that appellant "A" knowingly permitted other co-accused persons to use his truck for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Appellant sold his crops to respondent and respondent, in lieu of payment, handed over cheque amounting to Rs.80,000/- which got dishonoured - Respondent did not appear in witness box to rebut presumption in favour of appellant - Held, respondent guilty for offence punishable..........
