Criminal trial -- Presumption of innocence - Suspicion howsoever strong, is not enough to justify conviction, unless it transforms into proof beyond reasonable doubt...........
Indian Penal Code, 1860, Section 302, 120B, 201, Evidence Act, 1872, Section 3 -- Murder - Proof of - Presumption of innocence - A dead body reduced to skeleton, recovered from septic tank of house - Post mortem report stated death was about two and a half month prior - Evidence on record established that all accused had knowledge of deceased being killed - But no..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused allegedly demanded Rs.5000 as illegal gratification from complainant to discharge the official act of forwarding complainant's application for pension and for release of retiral benefits - However, evidence on record shows that accused was absent from his office at the..........
Evidence Act, 1872, Section 112 -- Term - `legitimacy' postulates two things: (i) natural parents were married to each other; (ii) they were lawfully married to each other - However, conclusive presumption is that child born during continuation of valid marriage between his parents is their legitimate child, irrespective of question whether child was born six, seven or..........
Evidence Act, 1872, Section 112 -- Legitimacy of child - DNA test - Existence of valid marriage between parties not disputed - Wife stated that husband before marriage has bodily connections with her - As per husband neither before nor after marriage he has indulged in sexual intercourse with wife, this plea not accepted by Court - Conclusive presumption u/s 112 of the Act..........
Evidence Act, 1872, Section 112 -- Legitimacy of child - Unless husband is able to prove absence of access - Presumption of legitimacy of child shall not be displaced...........
Evidence Act, 1872, Section 90 -- Registered document 30 years old coming from proper custody - Presumption u/s 90 of the Act is attracted - Contents of document not disputed - Genuineness of document cannot be doubted...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - As per S.139 of the Act there is presumption in favour of holder of cheque - As per S.118 of the Act there is presumption relating to (a) Consideration; (b) Date; (c) Time of acceptance; (d) Time of transfer; (e) Order of endorsement; (f) As to stamps; (g) Holder is a holder in due course...........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Presumption relating to fact of dishonour of cheque - When bank slip is issued by bank with remarks "Insufficient funds" there is presumption relating to fact of dishonour of cheque...........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 114 -- Suit for ownership of land - Registered sale deed - Presumption of existence - Defendants claimed that original owner executed sale deed in their favour but they did not step in witness box to prove same - More so, alleged sale deed was never produced to show that the same was signed by original..........
