Family Courts Act, 1984, Section 7, 8, Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 5 -- Maintenance - Muslim woman - Family Court has jurisdiction to entertain application and decide whether applicant is neglected wife or divorced wife - It is also open to husband to prove that applicant is divorcee and not..........
Telephone -- Burden of proof - Burden always lies on the Telephone Department to prove that there was no defects in the Telephone of the subscriber and that the calls charged were properly recorded. (As per D. Karforma, Member)..........
Motor Vehicles Act, 1939, Section 110A -- Principle of res ipsa loquitur - Collusion between car and truck - Driver and persons travelling in car killed - Claimants unable to prove how accident happened - Specific plea of negligence of car driver alleged by truck driver - Under the circumstances Tribunal was justified in applying principle of res ipsa loquitur...........
Transfer of Property Act, 1882, Section 111, Civil Procedure Code, 1908, Order 20, Rule 12 -- Co-owner - Has a right to file suit for recovery of possession on expiry of lease period by efflux of time - Co- owner is not required to prove his title in such case - There is no distinction between suit for eviction and suit for recovery of possession...........
Criminal Jurisprudence -- Principles of - It is the prosecution who is to prove its case against the accused person beyond every shadow of doubt - The accused is not to prove his innocence in his trial - The prosecution has to stand on its own legs and bring home the guilt to the accused...........
Indian Penal Code, 1860, Section 375, 376 -- Rape - Accused forcibly entering house in night when prosecutrix and her younger sister were there - Accused driven out younger sister and committed rape - Testimony of younger sister that when she came back home at 11 p.m. she found prosecutrix lying on floor and writhing with pain - FIR lodged in the morning and prosecutrix..........
Evidence Act, 1872, Section 109 -- Relationship of landlord and tenant and title of landlord denied - Burden lies on defendant to prove absence of relationship of landlord and tenant and also to prove that plaintiff is not the owner...........
Negotiable Instruments Act, 1881, Section 139 -- Certain payments made after dishonour of cheque - Witness not examined to prove Ex.D-1 to D-6 - As such it is difficult to come to a positive conclusion that amount paid subsequent to the date of issuance of the cheque pertains to the discharge of the cheque amount only...........
Promissory note -- Signature admitted - Promissory note alleged to be stamped but unwritten when signed - Holder can complete the instrument as a negotiable one - Burden shifts on defendant to prove subsequent writing on promissory note and non-borrowal of amount - Presumption arising in favour of plaintiff - Defendant not able to prove his case - Defendant has to fail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27 -- Recovery of small quantity of narcotic or psychotropic substances - It is for accused to prove that it was meant for his personal consumption and not for sale or distribution...........
