Criminal trial -- Mere exhibition of a document in evidence does not amount to its proof...........
Evidence Act, 1872, Section 17, 21 -- Admission - Admissions are substantive evidence u/ss 17, 21 of the Act, though not conclusive proof...........
Family Courts Act, 1984, Section 14, 20, Evidence Act, 1872, Section 122 -- Whatsapp chats - Marking as exhibits - Matrimonial dispute - (a) the evidence is admissible so long as it is relevant, irrespective of the fact how it is collected; (b) merely admitting evidence on record is not proof of a fact in-issue or a relevant fact; (c) test of `relevance' ensures that right..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Vendor deposed that consideration was not paid - Buyer contends that it was paid in installments on various previous occasions - Party who asserts existence of a fact is burdened with onus to prove the fact asserted - Neither testimony of DW1 and testimony of DW2 nor copy of..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Injunction against dispossession - Proof of possession is sine qua non for grant of a permanent prohibitory injunction against dispossession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction against dispossession - Plaintiff being real owner is seeking injunction against his dispossession without prima facie showing that he is in possession of portion of suit land - Proper course for plaintiff is to file a suit for possession or mandatory injunction against defendants who are..........
Family Courts Act, 1984, Section 14 -- Family Court - Evidence Act not strictly applicable to family court - However, S.14 of the Act does not dispense with burden of proof...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband alleged that wife not willing to bear a child which caused cruelty to him - However, evidence on record shows that couple was living together under one roof till April 2020 and leading normal married life - No concrete proof that wife refused co-habitation for having a child -..........
Criminal trial -- Mere suspicion, no matter how grave, cannot take place of proof in a criminal trial - Suspicion ought to have been substantiated by undeniable, reliable, unequivocal, consistent and credible circumstantial evidence, which does not leave probability of any other theory...........
Money suit on basis of agreement -- When suit is not upon a negotiable instrument but upon an agreement, mere proof of its execution does not entail in any presumption regarding consideration or truth of contents - Mere proof of execution of a document does not amount to proof of contents and truth of recitals therein...........
