Hindu Marriage Act, 1955, Section 2(2) -- Applicability of Act - Mere performance of marriage according to Hindu customs without specific pleading and cogent proof that petitioner had abandoned tribal customs and was governed exclusively by Hindu traditions is insufficient to attract applicability of Hindu Marriage Act...........
Evidence Act, 1872, Section 112 -- Maintenance to daughter - It would be pertinent to point out that as per Section 112 of Evidence Act that a child born during continuation of a valid marriage between his/her mother and any man, the child is held to be legitimate son/daughter of that man, unless it is shown by that man that he had no access to his wife at any time when..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A -- Late production of documents - Document sought is not a new document without there being any pleading with regard to the same in written statement - There is factual foundation for document sought to be received and a photocopy of said document was also filed along with written statement - Proposed document is..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Rash and negligent driving - Police after investigation, charge sheeted the driver of trailer finding clear negligence on him, which led to the accident - This has not been controverted by respondents before the Tribunal by any valid evidence nor even by a pleading - In fact, Tribunal, on a mere imaginative surmise, found..........
Evidence Act, 1872, Section 69 -- Will - Proof of document where no attesting witness was found - Petitioner should establish factum of death of attesting witnesses or their non-availability by convincing evidence - Mere statement of petitioner about non-availability of attesting witnesses itself was not sufficient to hold that attesting witnesses were either dead or their..........
Evidence Act, 1872, Section 3, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading & Proof - Every fact pleaded has to be proved, either by oral or documentary evidence, to substantiate the same - Bald averment or mere statement by a party bereft of evidentiary material to back up such averment/statement takes a party's case nowhere...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading and proof - There cannot be any evidence when there is no foundational plea...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - Plea without proof and proof without plea is no evidence in the eyes of law...........
Criminal Procedure Code, 1973, Section 125 -- Mere pleading cannot take place of proof without evidence...........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - Two senses of burden of proof are (i) Arising as a matter of pleading; (ii) who has first to prove a particular fact - First is called the `legal burden' and it never shifts and the second one shifts from one side to the other...........
