Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration of title - Plaintiffs are claiming right and title of suit property - Burden is on the plaintiffs to prove their right and title of suit property...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent prohibitory injunction - Evidence on record proves that plaintiffs are in possession of suit property - However, plaintiffs failed to prove their title in suit property - Plaintiffs entitled to relief of permanent injunction but not entitled to relief of declaration of title...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - Suit land claimed to be common pathway - It was basically claim of title over the land which is said to be a pathway allegedly used by both the parties - Claim has to be determined by Court on the basis of oral and documentary evidence - Suit is at the stage of arguments - Application..........
Indian Penal Code, 1860, Section 302 -- Murder of parents by son - Son of accused/PW7 who was 9 years has vividly stated the incident - He stated that accused bringing a hammer, assaulted on the head of his grandmother and then assaulted his grandfather and thereafter dragged her mother from the room - Daughter of accused/PW8 who was 11 years of age also stated that..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Accused and deceased were closely related and they had a close contact - They used to be together for a drinking - Motive of crime is not proved - Neither PW2 and PW6 stated that day before the incident there was any dispute and altercation between accused and deceased -..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of weapon at the instance of accused - Witnesses of recovery not stated that discovery was made from a place disclosed by accused in their presence - Memorandum recording the statement of accused has not been duly proved - Recovery of knife at the instance of accused not proved...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - PW7 who deposed that pieces of glass were found at the place of incident and opinion of doctor who performed postmortem creates a doubt about the prosecution story - No explanation by prosecution for presence of large number of glass pieces at the place where body of deceased was found - It..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Fact which is not specifically pleaded cannot be proved by evidence, as evidence cannot travel beyond pleadings...........
Easements Act, 1882, Section 15 -- Easement - Right of way - Plaintiff contended that he acquired easementary right under sale deed - However, property owned or possessed by plaintiff originally belonged to original owner which was acquired by Government - No evidence on record that government ever transferred any easementary right over rasta in dispute to auction..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Mere fact that blank signed cheque had been procured by respondent even if taken at face value, does not obliterate the statutory presumption u/s 139 of the Act, unless cogent evidence is adduced to rebut the presumption...........
