Transfer of Property Act, 1882, Section 106 -- Quit notice - When eviction of tenant is sought by issuing quit notice u/s 106 of T.P.Act before instituting suit, proof of default in payment of rents is not a relevant ground for eviction...........
Evidence Act, 1872, Section 34 -- Suit for recovery - Bahi entry - Bahi signed by defendant - Mere proof of signatures can not be proof of execution of a document - Plaintiff failed to give details of currency notes that were handed over to defendant - Execution of entry not proved - Defendant an illiterate person and it could be that his signatures were taken on a blank..........
Will -- Proof of - Registered Will in favour of plaintiff was duly proved in accordance with S.68 of Evidence Act as the marginal witness thereto, was produced and examined - Thumb impression of testatrix on the Will is proved on the basis of report of expert - There is no necessity to execute a Will in favour of defendant as he would be testatrix's heir in the normal..........
Indian Penal Code, 1860, Section 304B, 302 -- Dowry death - Death within seen years of marriage otherwise than under normal circumstances - In such case, enquiry is not usually conducted to see whether there is evidence, direct or circumstantial, as to whether offence falls u/s 302 IPC - In cases where there is evidence, direct or circumstantial, to show that offence falls..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - If husband takes a plea that marriage with applicant wife is void due to existence of his earlier marriage with another lady the burden of proof of earlier marriage is on the husband...........
Service -- Departmental proceedings - Standard of proof in domestic enquiries is that of preponderance of probabilities...........
Service -- Departmental proceedings - In administrative law, it is settled principle that onus of proof rests upon the party alleging invalidity of an order...........
Service -- Departmental proceedings - Failure of natural justice by not producing required documents - In the absence of proof that letter demanding certain documents was received by Bank, it is not permissible to proceed to draw an inference that there was failure of natural justice in the bank having denied certain documents...........
Industrial Disputes Act, 1947, Section 25B -- Continuous service of 240 days - Burden of proof lies on workman...........
Industrial Disputes Act, 1947, Section 25B -- Continuous service of 240 days - Proof - Respondent produced Xerox copy of a certificate issued by authority for having worked for 240 days as conductor - Admission of Xerox copy of certificate, without any objection from the appellant-Corporation cannot be faulted at this belated stage - Strict rules of evidence not applicable..........
