Evidence Act, 1872, Section 106 -- Burden of proof - Murder case - When prosecution failed to prove basic facts as alleged against accused, burden could not be shifted on accused by pressing into service the provisions contained in S.106 of the Act...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Allegation against husband and mother-in-law - Cause of death was due to ante-mortem injuries - However, PWs had no knowledge as to how, when and where deceased was killed and burnt - Entire investigation carried out by I.O was in a very cursory and shoddy manner - There was no recovery and..........
Co-sharers -- Plea of ouster - Proof of ingredients of adverse possession are undoubtedly indispensable even in a plea of ouster - However, there is additional requirement in the case of ouster that elements of adverse possession must be shown to have been made known to co-owner, as possession of a co-owner is treated as possession of other co-owners...........
Evidence Act, 1872, Section 102 -- Burden of proof - Gift deed - When a person obtains any benefit from another, Court would call upon person who wishes to maintain the right to gift to discharge burden of proving that he exerted no influence for purpose of obtaining the document...........
Service -- Departmental proceedings - Handwriting expert - Traversing the path of requirement of handwriting expert in departmental proceedings, as in criminal proceedings, cannot be adopted - Standard of proof in departmental proceedings being based on preponderance of probability is somewhat lower than standard of proof in criminal proceedings where case has to be..........
Service -- Misconduct - Departmental proceedings and criminal proceedings - Acquittal in a criminal trial has no bearing or relevance on disciplinary proceedings as standard of proof in both the cases are different and proceedings operate in different fields and with different objectives...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - When a cheque is drawn out and is relied upon by drawee, it will raise a presumption that it is drawn towards a consideration which is a legally recoverable amount - Such presumption is rebuttable by proving to contrary - Onus is on accused to raise a probable..........
Will -- Proof - Thumb impression of testator was not matched - Contradictions in evidences of attesting witnesses as regards place of execution - Requirement of S.63 Succession Act must be reliable and same cannot be said to be fulfilled when there is mechanical compliance of stipulations therein - Will, held, not duly proved...........
Arbitration and Conciliation Act, 1996, Section 48 -- Foreign arbitral award - Enforcement - Scope of challenge u/s.48(1)(c) of the Act - Enforcement may be refused, at the request of the party against whom it is invoked, upon furnishing proof that `the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - Proof beyond pleading - Evidence is to be based on pleadings - A relief can only be on the basis of pleadings alone - Only exception is when parties know each other's case very well and such a pleading is implicit in an issue - Additionally, Court can take judicial note of a fact when it is so apparent on the..........