Civil Procedure Code, 1908, Order 13, Rule 4, Evidence Act, 1872, Section 61 -- Contents of a document - Proof - Sale deed - Scribe or attesting witness not examined - Sale deed marked exhibit without objection - Held, once a document is exhibited on record and marked as such, the contents thereof would stand proved...........
Transfer of Property Act, 1882, Section 54, 5, Registration Act, 1908, Section 60, Civil Procedure Code, 1908, Order 13, Rule 4, Evidence Act, 1872, Section 61 -- Sale deed - Consideration - Proof - Scribe or attesting witness not examined - Sale deed exhibited without objection - Held, once the document is exhibited on record and marked as such, the contents thereof would..........
Evidence Act, 1872, Section 32 -- Dying declaration - Principles laid down by Supreme Court : (i) There is neither rule of law nor of prudence that dying declaration cannot be acted upon without corroboration; (ii) If the Court is satisfied that the dying declaration is true and voluntary it can base conviction on it, without corroboration; (iii) Court has to scrutinise..........
Evidence Act, 1872, Section 32 -- Dying declaration - Mother-in-law aged 82 years who walked with a stick alleged to have poured kerosene oil on deceased aged 22 years on which she started running and thereafter accused set her on fire - Held, it is not possible for accused to set deceased on fire when she started running - Dying declaration does not inspire confidence...........
Evidence Act, 1872, Section 101, 114 -- Burden of proof - With holding of best evidence - Adverse inference - Sale deed - Challenged in civil suit - Sale deed produced and exhibited on record - No objection raised - Contention that scribe or attesting witness of sale deed not examined, contents of sale deed and passing of consideration not proved. Held - Sale deed proved..........
Evidence Act, 1872, Section 101 -- Burden of proof - Whoever desire any Court to give judgment as to any legal right or liability dependent on the existance of facts which he asserts, must prove that those facts exist - Burden of prove in a suit or proceeding lies on that person who would fail if no evidence was given from either side...........
Transfer of Property Act, 1882, Section 5, Registration Act, 1908, Section 60, Evidence Act, 1872, Section 101 -- Registration certificate - Registration of a document is a solemn act to be proformed in the presence of competent officer - Registered sale deed would be prove of admission of receipt of consideration made before the Registrar - Burden of proof is on the..........
Evidence Act, 1872, Section 32 -- Dying declaration - There is no law which mandates that a dying declaration should be recorded only by a Magistrate...........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by a senior clerk appointed by Tehsildar to act as an Executive Magistrate for that purpose - Such a dying declaration does not gets same sanctity as a dying declaration recorded by a Magistrate - There is no law which mandates that a dying declaration should be recorded only by a Magistrate...........
Succession Act, 1925, Section 63, Evidence Act, 1872, Section 68 -- Manner of proof of Execution of Will - Mechanical reproduction of words u/s 63 is not the requirement which is to be complied before the execution of Will can be said to be proved - Statement of witnesses sufficient proof of due execution of Will...........
