Companies Act, 1956, Section 2(12) -- Transfer of Property Act, 1882, Sections 130 to 137 - Bonds - Actionable claim - Suit bonds held to be nothing but debentures within the meaning of Section 2(12) of the Companies Act - A debenture is an actionable claim - Section 137 of the TP Act exempts debenture inter alia from the provisions of Section 130 to 136 of the TP Act -..........
Evidence Act, 1872, Section 110 -- Burden of proof - Section 110 of the Act merely enunciates the burden of proof as to ownership - Any rule of burden of proof is irrelevant when the parties have actually led evidence and that evidence has to be considered...........
Evidence Act, 1872, Section 110 -- Burden of proof - Chose in action - Section 110 of the Evidence Act would be applicable only to a `thing', which is capable of being possessed - A chose of action is not a `thing' - As by definition it not in the possession of someone, but that possession has to be acquired by some action which is why it is called a chose in action...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Breach of bank of canal - Damage to the wheat crop of appellant-complainant - Complaint liable to be rejected on the sole ground that the complainant is not consumer in terms of the requirement of Section 2(1)(d) of the Act...........
Insecticides Act, 1968, Section 30(3) -- Quashing of complaint - Sample - Insecticides - Sample was taken in sealed packet from petitioner a dealer - On finding sample misbranded his licence cancelled u/s 14 of the Act - Appeal filed by him under Section 15 allowed by Appellate Authority holding that the petitioner is entitled for protection u/s 30(3) of the Act being..........
Consumer Protection Act, 1986, Section 21(b) -- Revisional jurisdiction - Re-appraisal of documents and evidence not permissible in revisional jurisdiction under Section 21 (b) of the Act...........
Indian Penal Code, 1860, Section 288, 338 -- Negligence - Complainant engaged for doing plastering work - While doing plastering work complainant fell down from scaffolding which had been put up for the purpose of doing plastering work - Scaffolding put up by contractor cannot fall within sweep of provision of Section 288 IPC - There is no nexus between the petitioner..........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Bar to plea of Benami - Suit for possession - Ownership claimed on the basis of sale deed - Defendants claimed to have purchased properties in name of plaintiff out of love & affection and are real and ostensible owners of properties - Section 4 specifically bars defence of benami transaction to be taken up against..........
Indian Penal Code, 1860, Section 306, 498A -- Evidence Act, 1872, Section 113A - Abetment of suicide - Death of bride within 4 months of marriage -Demand of a tape recorder and Rs.10,000/- from father of the bride - Within short span of four months deceased on several occasions informed her father that she was being troubled by he/husband and his elder brother -Prosecution..........
Evidence Act, 1872, Section 101, 102 -- Burden of proof and onus of proof - Distinction - Right to begin follows onus probandi - It assumes importance in the early stage of a case - Question of onus of proof has greater force, where the question is which party is to begin - Burden of proof is used in three ways : (i) to indicate the duty of bringing forward evidence in..........
