Indian Penal Code, 1860, Section 392 -- Robbery - Mere proof of robbery is not sufficient to hold that accused persons who were put to trial were the ones who committed offence...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Averments made in plaint is no proof...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of applicant in place of defendant No.1 - Claim of applicant is based on Will - Mere substitution cannot be termed to be a proof of applicant being entitled to property in question by virtue of alleged Will in question - Applicant would definitely be under an obligation to prove alleged Will in terms of law and..........
Evidence Act, 1872, Section 102 -- Burden of proof - Injunction suit - When suit is filed by plaintiff for injunction claiming that he is in possession, it is for him to prove that he is in possession of property on the date of filing of suit...........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for damages and injunction - Plaintiff in his cross-examination admitted that he was in possession of key of lock which is locked to the gate of property in dispute - When such a fact is pleaded by plaintiff, it is for him to prove such a fact and defendant cannot enter into issue and ask for production of key -..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Penetrative sexual assault - Determination of age - Admittedly, school admission record based on affidavit of uncle of prosecutrix who is not examined thus cannot be relied upon as conclusive proof - Even, prosecutrix and mother..........
Will -- Proof - Propounder of Will has to prove execution of Will firstly - Whether Will is forged or fabricated, same has to be proved by person alleging forgery/fabrication/non-signatures...........
Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty - Filing of complaint against husband and his family members without sufficient proof amounts to cruelty...........
Hindu Adoptions and Maintenance Act, 1956, Section 16, Evidence Act, 1872, Section 101 -- Adoption - Burden of proof - Initial burden of proof is upon adoptive parents to prove the factum of adoption and execution of adoption deed...........
Will -- Proof of - Merely because testator had died within a few weeks of executing Will cannot in itself be stated to indicate any mental indisposition on part of testator...........
