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Showing : 81-90 of 3458 Results

DELHI HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Summary trial - Evidence already given by complainant by way of affidavit is sufficient proof of the offence and this evidence is not required to be given again in terms of S.145(1) of the Act and has to be read during trial - Complainant or other witnesses can be recalled only when accused..........

DELHI HIGH COURT

Year of decision: 2020
Details

Agreement to sell -- Specific performance - Ready and willing - Plaintiff directed to deposit in Court the balance sale consideration to show his readiness and willingness - Plaintiff even if did not deposit the balance consideration in Court could produce documentary proof of holding balance sale consideration for payment which has also not been done - Readiness and..........

DELHI HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 118(a), 139 -- Dishonour of cheque - Presumptions u/ss 118(a), 139 of the Act, are rebuttable in nature - Standard of proof required by accused is that such rebuttal is preponderance of probabilities - However, standard of proof on behalf of prosecution is proof of guilt beyond all reasonable doubts...........

DELHI HIGH COURT

Year of decision: 2020
Details

Delhi Rent Control Act, 1958, Section 14(1)(a), 14(1)(b), Evidence Act, 1872, Section 101, 109 -- Rent and eviction - Sub-letting - Burden of proof - Tenant admitted tenancy in suit property but also asserted that he has surrendered said tenancy - Thus either u/ss 101, 109, Evidence Act burden of proving that tenancy had been surrendered was on tenant which was not..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Agreement to sell -- Specific performance - Ready and willing - Pleading and proof - Requirement of averment and proof of readiness and willingness on the part of party claiming specific performance is statutory required of law and is not at all contingent upon other party's entitlement to raise any objection on this ground...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Possession -- Vacant plot - Mere storing of manure and cow dung cakes or tethering cattle is no proof of being in legal and exclusive possession of the same...........

BOMBAY HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act is rebuttable and onus is on accused to raise probable defence - Standard of proof for rebutting presumption is that of preponderance of probabilities and not beyond reasonable doubt...........

ORISSA HIGH COURT

Year of decision: 2020
Details

Indian Penal Code, 1860, Section 302 -- Murder - Accused dealt Budia (sharp cutting weapon) blow to deceased while she was coming with them and out of fear they left spot - PW7, doctor who conducted post mortem examination opined that injuries caused to deceased might have been caused by Budia - All the three PWs are related but no hostility is proved between accused and..........

UTTARAKHAND HIGH COURT

Year of decision: 2020
Details

Evidence Act, 1872, Section 101 -- Burden of proof - Where in a suit and cross suit respondents are co-plaintiffs, burden lies upon all of them to prove their case in view of S.101 of the Act...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Evidence Act, 1872, Section 8 -- Motive - Murder case - Motive remains essentially known to deceased and to offender and a prosecution case cannot fail only for want of proof of motive...........

Showing : 81-90 of 3458 Results