Partition suit -- Mere delineation of genealogy by plaintiffs in their plaint is not sufficient, but there should be evidence in support of the same - Burden of proof therefore lies on plaintiff to prove genealogy delineated by plaintiffs in the plaint...........
Criminal trial -- Proof of document - Admission of document in evidence is different from proof of its contents and admission of genuineness is not the same...........
Will -- Proof - Attesting witness must satisfy judicial conscience that he saw testator signing the Will that he was aware of its contents - Attesting witness needs to be trustworthy and truthful...........
Will -- Proof - Attesting witness has been found to be untrustworthy - He has been changing his version as per his convenience - Other attesting witness was not examined - Will not proved...........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A -- Bail - Directions issued that all I.Os/Station House Officers of all Police Stations in all Bail applications (criminal Appeals) which are submitted under SC/ST Act or offences, which have occurred before enforcement of BNSS, whenever Court..........
Hindu Marriage Act, 1955, Section 25(2), Criminal Procedure Code, 1973, Section 127 -- Maintenance to wife - Alteration/modification of maintenance - Courts can modify maintenance upon proof of material change in circumstances - While Courts have the power to modify maintenance based on changed circumstances, this power is not suo motu and must be exercised only on..........
Hindu Marriage Act, 1955, Section 25(2) -- Maintenance to wife - Enhancement - Husband a retired person receiving a pension of Rs.50,000 p.m - Though he claimed that he has substantial expenses including his medical treatment, he is a heart patient and family obligations including wife and three children - However, no documentary evidence provided by husband to..........
Rent and Eviction -- Ex parte proceedings - Burden of proof of the party who approached the Court will not be hefty when his averments stand undisputed in an ex parte proceeding - Only a prima facie proof of relevant facts constituting the cause of action would suffice, and Court would grant him such relief as to which he may in law be found entitled...........
Prevention of Money Laundering Act, 2002, Section 3 -- Offence u/s 3 of the Act - Burden of proof - Burden to proof that proceeds of crime are not involved in money laundering would lie on the person charged with the offence...........
Will -- Proof - Will was attested by two attesting witnesses who had died when suit was tried - Signatures of two attesting witnesses were proved by their sons - Scribe also deposed as DW3 - Will is a registered Will - No suspicious circumstances surrounding the Will have been made out to discard the same - Will is proved...........
