Showing : 21-30 of 3201 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 102-- Burden of proof - Lies in ordinary course on the person who attack...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 102-- Burden of proof - Forged power of attorney - Plaintiff who executed Power of attorney in favour of defendant has nowhere pleaded that she was a pardanasheen illiterate lady - Burden of proof rest on shoulders of plaintiff to establish that Power of Attorney was a forged document - High Court..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Self serving statement of income - Cannot be relied upon in absence of proof of financial resources to return a finding that plaintiff was ready and willing to perform her part of the contract...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity - Mere fact that bank has assessed financial capacity of plaintiff while granting loan earlier in respect of another property is not sufficient to discharge of proof of financial capacity in facts of the case to hold that..........
CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 19, Rule 1, Evidence Act, 1872, Section 3-- Affidavit - Evidence by way of affidavit - An affidavit can be termed to be an evidence within the ambit of S.3 of Evidence Act only in those cases where the same is filed at the instance or under the direction of the Court or where law specifically permits for proof of anything by affidavit...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 4-- Fraud - Pleading and proof - A person who seeks to set aside a document or a judgment and decree on ground of fraud has to plead facts constituting fraud and has to prove those allegations akin to a criminal charge beyond shadow of reasonable doubt...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 45-- Expert opinion - Court must be cautious while evaluating expert evidence, which is a weak type of evidence and not substantive in nature - It may not be safe to solely rely upon such evidence - Court may seek independent and reliable corroboration in the facts of a case - Generally, mere expert..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Electricity Act, 2003, Section 126-- Assessment u/s 126 of the Act - Strict proof like in criminal case is not necessary for assessing liability u/s 126(1) of the Act...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Husband alleges that wife is having income as a school teacher - He relied upon on report of Pacific Detective Agency in which it is mentioned that wife is a teacher and is drawing Rs.12,000 p.m - But detective who submitted report not examined in evidence - Moreover, it is a..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Service -- Criminal and departmental proceedings - Scope - Two proceedings criminal and departmental are entirely different - They operate in different fields and have different objectives - Object of criminal trial is to inflict appropriate punishment on an offender, the purpose of enquiry proceedings is to..........

Showing : 21-30 of 3201 Results