Industrial Disputes Act, 1947, Section 11A -- Misconduct - Confession - Non voluntary confession - Production of witness - Burden of proof - Plea of workman that the Manager and Accountant before whom writing was inked were not examined by the management to prove the writing - The onus to prove that the writing was obtained from the workman was not voluntary, was on the..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - For an offence punishable u/s 120-B, the prosecution need not necessarily prove the perpetrators expressly agreed to do or caused to be done an illegal act; the agreement may be proved by necessary implication...........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - There cannot be direct evidence to prove criminal conspiracy - Ingredients of the offence are that there should be an agreement between persons who are alleged to conspire and the said agreement should be for doing an illegal act or for doing by illegal means an act which itself may not be illegal - The essence..........
Indian Penal Code, 1860, Section 376 -- Rape - Proof - Appellant had information that prosecutrix and her children were only persons in farmhouse during relevant night - He went there to take undue advantage of the situation - Versions of prosecutrix and her daughter go to prove, unmistakably, his presence at the spot of incident during relevant night - Held, version of..........
Criminal Procedure Code, 1973, Section 294(2), Indian Penal Code, 1860, Section 338 -- Documents - Marking of - Proof of contents - Held, marking exhibits on documents when tendered in statement of prosecutor even without objection, in a criminal case will not prove contents of documents, unless said documents are of nature provided in S.293 of the Code...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Ganja - Recovery of 183 Kgs. from a car - Case property not produced before Court during trial - Witnesses not supporting prosecution case - Prosecution failed to prove sanctity of sealed samples till they reached FSL - Constable who was deputed to deposit sample with FSL not examined -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Discharge of burden of proof by accused - Standard of - Held, accused may discharge his burden on the basis of materials already brought on record - It is not necessary for accused to prove his defence beyond reasonable realm of doubt - Standard of proof required on part of an accused and that of..........
Insurance claim -- Loss caused by fire - Case of complainant about fire being accidental is supported by report of Surveyor - Complainant having discharged the initial burden regarding cause of fire it was for the OP No.1 - Insurance Company to disprove the same - Insurance Company has failed to prove by adducing cogent evidence that the fire was staged - managed as..........
Succession Act, 1925, Section 70, 63(c) -- Will - Revocation - Will revoked by registered cancellation deed - Once the will or codicil can be revoked by burning, tearing or otherwise destroying, it cannot be said that provision of S.63(c) of the Act is to be read into S.70 to prove the revocation...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan advanced by husband and cheque issued in favour of wife - Husband not examined as a witness - Failure to prove fact of lending money and receipt of cheque by complainant towards discharge of loan amount - Accused acquitted - Order upheld...........
