Evidence Act, 1872, Section 112 -- DNA test - Matrimonial dispute - Paternity of child - Principles as to when DNA test of minor child may be directed : (i) That DNA test of a minor child is not to be ordered routinely, in matrimonial disputes - Proof by way of DNA profiling is to be directed only in matters where there is no other mode of proving such assertions; (ii) DNA..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - If accused does not throw any light upon facts which are proved to be within his special knowledge, such failure on part of accused may be used against accused as it may provide an additional link in chain of circumstances required to be proved against him...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - When last seen theory is proved coupled with other circumstances such as time when deceased was last seen with accused, and recovery of corpse being in very close proximity of time, accused does owe explanation u/s 106 of Evidence Act with regard to circumstances under..........
Will -- Proof of - Joint application signed by four sons of testator wherein they stated that testator had not left any Will, is not a ground to discard registered Will of which execution is admitted in plaint and there is no allegation of fraud and misrepresentation having been made by plaintiff - Will is proved...........
Will -- Proof of - Proof of Will is not expected with mathematical certainty - Test to be applied is usual test of the satisfaction of prudent mind in such matters...........
Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - Person booked u/s 188 IPC must have actual knowledge of public servant's order requiring him to do or abstain from doing some act - Acquiring or gaining of such knowledge is a pre-requisite - Any proof of general notification promulgated by a public servant would not satisfy the said requirement...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Extra martial affair - Complaint itself is not a proof of extra marital relation - To prove extra marital relation, ocular evidence is considered as basic evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of Commissioner - Broad Guidelines : (i) Power of Court to appoint Commissioner for local inspection or any other purpose provided in O.26 CPC is discretionary; (ii) discretion to exercise power U.O.26 CPC is not governed by form of suit; (iii) issue framed in the suit, or where issue is not yet framed,..........
Civil and criminal proceedings -- Standard of proof - Adjudication in civil matters is based on preponderance of probabilities whereas adjudication in criminal cases is based on principle that accused is presumed to be innocent and guilt of accused should be proved to the hilt and proof should be beyond all reasonable doubt...........
Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 105 -- Insanity - Burden of proof - Lies on accused to prove to satisfaction of Court that one is insane while doing the act prohibited by law - Such a burden gets discharged based on a prima facie case and reasonable materials produced on his behalf - Extent of probability is one of preponderance - A person..........
