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...........
Service -- Disciplinary proceedings - Acquittal in a criminal case is no ground to exonerate a delinquent in disciplinary proceedings as the standard of proof differs in these proceedings...........
Will -- Proof - Burden to prove due execution of Will is always on propounder - It is incumbent on propounder of Will to prove that testator had signed Will and had put his signatures out of his free will and that testator was possessed of sound disposition of mind and understood contents of Will...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54, Evidence Act, 1872, Section 101, 102 -- Conscious possession - Burden of proof - It is burden of prosecution to establish that contraband was seized from conscious possession of accused - Only when that aspect has been successfully proved by prosecution, onus will shift to accused to account for the..........
Indian Penal Code, 1860, Section 300Exception, 1, Evidence Act, 1872, Section 105 -- Provocation - Burden of proof - Where prosecution prima facie proves that act was committed by accused which had resulted in death of deceased and accused pleads that case falls within one of exceptions of S.300 IPC, it is for him to prove that...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, Evidence Act, 1872, Section 101 -- Contraband - Non-compliance of S.52-A of the Act - Burden of proof - Initial burden lies on accused to first lay foundational facts to show that there was non-compliance of S.52-A of the Act on a preponderance of probabilities, either by leading evidence of its own or by..........
Will -- Proof of - Once a testator has admitted the execution of a Will in a proceedings before Court and pleadings are filed and she herself produced the Will in the said suit, there would be no requirement to further establish the authenticity of Will in terms of Ss.67, 68, 70 of Bharatiya Sakshya Adhiniyam...........
Will -- Proof of - If there is dispute between any person/s claiming under the Will and the right of any party who is affected by Will, said Will has to be established in the manner known to law satisfying the requirement of Ss.67, 68, 70 of Bharatiya Sakshya Adhiniyam...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - When character of wife is doubted by husband without any proof, she has enough reason to live separately from her husband - Hence, plea of husband about wife not staying with him without any sufficient cause is liable to be rejected and merits no consideration - Maintenance rightly granted to wife...........
