Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Prosecutrix was above 16 years of age at the time of incident - She stated in her statement that she did not give her consent for commission of rape and act of sexual violence was committed on her against her will - Accused failed to give any explanation in his statement u/s 313 Cr.P.C., nor he was able to adduce..........
Hindu Marriage Act, 1955, Section 11, 5(i), 29(2) -- Second marriage during subsistence of first marriage - Petition by wife for declaring marriage as nullity - Plea of husband of customary divorce by mutual consent in Panchayat - Requirement of law in terms of S.29(2) of the Act not spelled out, nor particulars of custom and its enforcement and application in the area..........
Will -- Registered - Presumption is of valid execution - Onus of proof is on those who want to offset the said presumption...........
Will -- Suspicious circumstances - Testamentary Court is a Court of conscience and not a Court of suspicion - It is not the law that, whenever a Will is sought to be proved in Court, the Court should start with the presumption that the Will is not genuine or that it is fraudulent or that the person who chooses to establish the Will must remove all such suspicions even when..........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 5 -- Setting aside of arbitral award - Condonation of delay - All the four awards were sent to the appellant by registered post with A/D and presumption is that he was served unless such presumption is rebutted by the appellant - Even, appellant only denied receiving of copy of the award in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - No document to show any loan transaction - Complainant also not proved his capacity to give such a big loan - Even if complainant had collected the money from his grandmother and relatives, then why he has given such a huge amount to accused without obtaining any security document/receipt - Probable..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Rebuttal - No document to prove loan transaction - Evidence on record shows probable version given by accused is correct - Complainant failed to prove his case against accused beyond shadow of reasonable doubt - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Admittedly, complainant has no friendly relationship with accused, hence, there is doubt that why complainant will give such a huge amount without getting executed any security document - Even, there is nothing on record to show any..........
Revenue entries -- Mutation does not confer any right - Revenue entries are used only for fiscal purpose, though presumption of truth is attached to revenue entries, but same are rebuttable...........
Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 104 -- Conferment of proprietary rights - Proprietary rights qua suit land exclusively conferred upon defendant No.1 u/s 104(3) of Act on basis of affidavit filed by plaintiff in which he admits that he was not tenant with defendant No.1 - However, said right was obtained on illegal order passed by authority..........
