Evidence Act, 1872, Section 112 -- DNA test - Murder - When there is no eye witness to the incident, forensic evidence as contained in DNA report being inconclusive and chain of circumstances is not complete...........
Evidence Act, 1872, Section 112, 45 -- DNA test - Paternity of child - Divorce proceedings - Divorce petition filed against wife on the ground of adultery - Child is not a party to divorce proceedings - Therefore, child cannot be used as means to prove adultery if any committed by wife - Husband is at liberty to adduce other evidence to prove his case of adultery against..........
Evidence Act, 1872, Section 116 -- Denial of title of landlord by tenant - Tenant cannot dispute title of landlord during continuance of tenancy...........
Special Marriage Act, 1954, Section 27 -- Divorce decree - Wife neither filed any written statement nor led any evidence - Trial Court granted divorce in favour of husband without analyzing the evidence led by husband - Trial Court disposed of the case in a causal and mechanical manner - There are no reasons of whatever nature assigned while decreeing said proceeding -..........
Bharatiya Sakshya Adhiniyam, 2023, Section 72 -- (Evidence Act, 1872, S.73) - Comparison of signatures by Court - S.72 BSA permits Court to obtain specimen signatures at any stage and such power is discretionary and must be exercised judiciously - It cannot be exercised to enable a party to patch up gaps in its case after having closed its evidence...........
Bharatiya Sakshya Adhiniyam, 2023, Section 72 -- (Evidence Act, 1872, S.73) - Comparison of signatures by Court - Burden to prove disputed writing was squarely upon plaintiff - Stage to lead such evidence was when plaintiff's affirmative evidence was led and not at the stage of rebuttal - Plaintiff has already examined witnesses to prove writing - Having closed his..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Auction sale - Purchaser at auction obtains such rights as are vested in vendor at the time of sale - Where, at the time of sale a portion of land is in public use or is under physical control of State agencies, auction cannot confer upon a purchaser better rights than those enjoyed by vendor -..........
Will -- Suspicious circumstance - Execution of Will in favour of daughter - Plaintiff is second wife of testator having her own income - Defendant is daughter of first wife of testator and his only offspring, who lost her mother immediately after her birth - It is quite natural that such a father shows more affection to his daughter - Conduct of testator in deciding to..........
Evidence Act, 1872, Section 68, 69 -- Will - Attestation - If a document is required by law to be attested then it shall not be used as evidence until one attesting witness has been examined before Court for proving its execution if he is alive and capable of giving evidence - However, where no attesting witness can be found, then propounder of Will is bound to prove the..........
Will -- Proof of - There are two attesting witnesses of alleged Will, but plaintiff has not examined any of them in order to prove execution of Will - One of attesting witness is alive, but she is not examined or she is not willing to appear in Court, as such, Will has not been proved in accordance with S.68 of Evidence Act - Since, one attesting witness of alleged Will..........
