Evidence Act, 1872, Section 90 -- Statutory presumption to 30 years old document - Not available to a certified copy of a document which is more than 30 years old...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Husband and wife stayed together till 2005 and child born in 2006 - Such circumstances satisfy necessary ingredients to draw presumption u/s 112 of the Act - However, said presumption is rebuttable - DNA test report is categorical that husband is not the father of child - Wife not contested the said report..........
Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 113B -- Dowry death - Demand of dowry - Presumption u/s 113-B of Evidence Act - Prosecution failed to establish that immediately prior to death of deceased, she was subjected to cruelty or harassment in connection with any demand of dowry - Presumption u/s 113-B of..........
Negotiable Instruments Act, 1881, Section 4, 118, Civil Procedure Code, 1908, Order 7, Rule 2 -- Suit for recovery on basis of promissory note - Presumption - Default in payment of loan borrowed by promisor/defendant despite issuance of legal notice - Plea of promisor/defendant that promisee/plaintiff fail to mention loan amount in his income tax return thereby he fail to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity - Bonafide necessity of landlord has to be more than a mere whim and desire - At same time, it is landlord who is sole judge of his bonafide requirement and Court is not to proceed on a presumption that requirement of landlord is not bonafide...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Proviso - Compromise through power of attorney - Validity - Matrimonial dispute - Lack of acceptance of talaq - Wife contended that power of attorney holder accepted `talaq' pronounced by husband on her behalf - However, nothing on record to disclose that wife was ignorant of talaq pronounced by husband and also there is no..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Dispute regarding supply of water - Mere fact that accused caught hold of deceased facilitating other accused to come with a knife and gupti and gave blows, it cannot be said that accused shared common intention with other accused, particularly when there is no evidence on record that there was..........
Hindu Law -- Joint family property - If family was joint headed by a Karta and land revenue was also being paid in respect to land acquired in the name of certain individual members of joint family from joint family funds, onus lies upon persons who claim that property was acquired from individual resources and not from joint family fund otherwise property acquired would..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 313 -- Contraband - Statement of accused u/s 313 Cr.P.C. - Specific question regarding conscious possession not put to accused - Unless a specific question is raised, presumption u/s 35 or S.54 of the Act cannot be used against accused - Prosecution failed to prove that..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Friendly loan of Rs.15 lakhs by Income Tax practitioner to his client - Blank signed cheque issued for its repayment - Loan advanced not by cheque or demand draft or RTGS and without obtaining any writing to this effect - Such loan not shown in the income tax return of complainant - Held, (a)..........
