Will -- Due execution - Evidence of attesting witness has not only proved the execution of Will in favour of plaintiffs but also attestation of Will - Testator was in sound and disposing state of mind - Evidence and documents filed on behalf of plaintiffs remain unchallenged - Will proved on record - Letters of Administration issued in favour of plaintiffs...........
Evidence Act, 1872, Section 65B -- Secondary evidence - Xerox copies of primary evidence can be accepted as secondary evidence provided the petitioner proves that documents were not traceable and/or are lost...........
Evidence Act, 1872, Section 58 -- Pleadings - Admission of pleadings - Onus of proving it is discharged...........
Evidence Act, 1872, Section 45 -- Comparison of signatures - Expert opinion - For obtaining opinion of an expert certainly disputed and admitted document must be sent to him for the purpose of comparison...........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - Disputed signatures - Defendant disputed her signature on receipt of payment of Rs.25,000/- - In such circumstances, Court did not take any risk of comparing the signature on disputed receipt with any admitted signature of defendant by invoking S.73 of Evidence Act, rather exercised power u/s 45 of the Act seeking..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife is staying in her father's house since long and completed her post graduation - She has no independent income of her own and she depends on her parents for sustenance - Wife has a vacant piece of land in her name but no evidence on record that she is getting good amount of rent from her property - There was..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Victim was five years of age on the date of occurrence - Neither victim nor her parents supported prosecution case - Though, injury has been found on the private part of victim but whether this injury has been caused by rape by accused could not be proved by..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court without deciding application for additional evidence, has decided the main appeal itself, which is a patent error - Impugned order set aside - Matter remitted back to lower appellate Court for fresh disposal of application...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - If judgment of first Appellate Court is based on no evidence or misreading the evidence or is recorded against any provision of law without acting judicially, such ground can constitute a substantial question of law within the meaning of S.100 CPC...........
Evidence Act, 1872, Section 58 -- Admission - Joint family property - When defendant categorically admitted in her evidence that property in question is purchased by donor from joint family income, no further proof is required that suit property is joint family property...........
