Evidence Act, 1872, Section 17, 137 -- A fact admitted in cross examination - No further and other proof thereof is required...........
Evidence Act, 1872, Section 45 -- Expert opinion - Will - Merely because mode of proof of Will is provided by S.63(c) of Succession Act and S.68 of Evidence Act, applicability of S.45 of Evidence Act, in respect of comparison of signature of Will cannot be excluded...........
Registration Act, 1908, Section 49 -- Proviso - Un-registered agreement to sell - Suit for specific performance - Photocopy of unregistered agreement to sell is filed along with plaint - Document sought to be brought on record is intended only to be used as a proof of oral agreement of sale and it is permitted u/s 49 of the Act...........
Indian Penal Code, 1860, Section 84 -- Plea of insanity - Burden and standard of proof - The burden to prove legal insanity is on accused - However, accused is not required to prove the same beyond all reasonable doubt - The standard of proof to prove insanity is only a reasonable doubt...........
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..........
Protection of Children from Sexual Offences Act, 2012, Section 11, 30 -- Sexual harassment - Standard of proof required for accused to negate presumption of sexual intent is beyond reasonable doubt, and mere proof on a balance of probabilities is insufficient...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Higher proof of instigation is required where a person is emotionally or mentally vulnerable due to depression and other psychiatric problems - Every case of suicide does not amount to abetment and therefore Court has to see whether conduct of accused was such that a normal person, not merely a hyper sensitive..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - No suicide note was discovered in proximity to deceased, which significantly complicates task of determining motive behind individual's tragic decision to take his own life - Assertion of harassment and torture made by complainant against petitioner, while serious, does not suffice to establish culpability u/s..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Mere allegation that an act was done on behalf of another, without any concrete material to establish a prior meeting of minds or common design, cannot suffice to sustain a charge u/s 120-B IPC - Law demands a higher threshold of proof to establish existence of a criminal conspiracy...........
Hindu Undivided Family (HUF) -- Partition - Partition effected between members of Hindu Undivided Family by their own volition and with their consent cannot be reopened unless it is shown that it was obtained by fraud, coercion, misrepresentation or undue influence, for which strict proof is required...........
