Evidence Act, 1872, Section 21, 31, 58 -- Admissions - Admissions though not conclusive proof - Estops the person who made such admissions or representatives in interest - Judicial admissions need not be proved by adducing any evidence - Whether an admission is evidentiary or judicial, the party who made such an admission if explained under what circumstances he made such..........
Evidence Act, 1872, Section 11 -- Plea of alibi - Burden of proof - When a plea of alibi is taken by accused, burden is upon him to establish the same by positive evidence, after onus as regards presence on spot is established by prosecution...........
Evidence Act, 1872, Section 61, 64, 65, 74 -- Proof of Ancient Patta more than 100 years old - Original Patta not available, hence copy of the same cannot be exhibited - Plaintiff relied on village resettlement register in which reference of alleged Patta was found - However, existence of Patta is proved but nature of rights under Patta is not clear from contents of..........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 13, Rule 1, 2, 3, 7 -- Production and marking of documents - Law as to - (1) A list of documents should be filed along with the plaint or written statement and if the parties want to file document subsequently, they have to take leave of the Court; (2) The documents, which are marked, does not..........
Evidence Act, 1872, Section 68, 69 -- Proof of a document required by law to be attested when both the attesting witnesses are dead - Evidence is required to be led that signatures on document which requires to be attested by one or more witnesses are that of the executant with further proof that there is attestation in his handwriting by one attesting witness...........
Conversion and reconversion -- To claim benefit of Caste certificate on reconversion - Three things need to be established to claim benefit of caste certificate are : (i) there must be absolutely clear cut proof that he belongs to the caste that has been recognised by the Constitution (Scheduled Castes) Order, 1950; (ii) there has been reconversion to the original..........
Evidence Act, 1872, Section 101, 103, Specific Relief Act, 1963, Section 19(b) -- Suit for specific performance - Subsequent purchaser - Plea of purchase in good faith and without notice of previous agreement - Onus to prove - Onus of proof of good faith is on the purchaser who takes the plea that he is an innocent purchaser - Good faith is a question of fact to be..........
Evidence Act, 1872, Section 106 -- Burden of proof - Murder - Deceased was last seen with accused - Burden was upon him to prove what happened thereafter, since those facts were within his special knowledge - Since accused failed to discharge the burden cast upon him by S.106 of the Act, it proves that accused committed murder of deceased, beyond reasonable doubt...........
Evidence Act, 1872, Section 106 -- Burden of proof - Where wife is living along with husband and she is married by her family members with an expectation that her husband will ensure her welfare, it is incumbent for husband to disclose as to how his living wife had turned into corpse...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 29 -- Recovery of poppy husk - Abetment & criminal conspiracy - Burden of proof - Burden to establish ingredients of abetment and conspiracy are always on prosecution in which prosecution failed - Trial Court committed grave error by placing burden of same on accused `P' - Merely on the fact that accused `P'..........
