Defamation -- Proof of - Publication is sin qua non with respect to defamatory article because defamation is only caused when general public comes to know of defamatory article...........
Will -- Proof of - Two Wills - CFSL expert opined that signatures of testator and attesting witness on subsequent Will, does not tally with admitted signatures - Evidence of CFSL expert cannot be discarded merely because it has not been put to him in cross-examination as to how admitted signatures were sufficient to opine that Will is not signed by testator and attesting..........
Will -- Proof of - Two Wills - Genuineness of earlier registered Will is endorsed by PW1, who set up subsequent Will, as she admitted that earlier Will was duly signed by testator and both attesting witnesses - Since subsequent Will is discarded by CFSL expert, no reliance therefore, can be placed on said Will - Earlier registered Will held, proved...........
Will -- Proof of - Once an attesting witness is examined and his statement, if read holistically, shows proof of execution and attestation of Will then Will should be held to be proved...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the initial stage of framing of charge, Court is concerned not with proof but with the strong suspicion whether accused has committed an offence, which if put to trial, could prove him guilty...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading and proof - Joint Family property - Partition - Once partition in joint family is admitted, there is complete partition - Party who alleges the fact that a particular property was left out from partition has to plead and prove that said property was deliberately left out from partition to be retained as Joint..........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - Dispute as to identification of property with reference to boundaries - Burden is on defendant to prove that property which plaintiff is claiming is different from property based on boundaries...........
Evidence Act, 1872, Section 103 -- Burden of proof - Oral gift - Plaintiff pleaded oral gift in his favour, which is an affair between himself, donor and witnesses who witnessed gift - Three essential ingredients of valid gift provided u/s 149 of Mahomedan Law is presumed to be within knowledge of plaintiff himself and none else - Presence of PW1 was never pleaded at time..........
Agreement to sell -- Specific performance - Proof of agreement to sell - Decree for refund of earnest money passed - Appellate Court reversed the decree and granted decree of specific performance - Since defendant did not challenge decree of trial Court for refund of earnest money as such execution of agreement to sell and receipt of part of sale consideration in pursuance..........
Evidence Act, 1872, Section 61, 67, 68 -- Contents of document - Proof - Examination of scribe not necessary when contents of document otherwise proved - Contents of document proved by attesting witness - Stamp paper purchased by defendant and it was scribed in his presence - Attesting witness witnessed the scribing of document as well as the aspect of it being singed..........
