Hindu Marriage Act, 1955, Section 8(5) -- Registration of Marriage - Registration certificate is only an evidence to prove marriage and absence of registration of marriage will not invalidate marriage in view of S.8(5) of the Act...........
Goa Children's Act, 2003, Section 8 -- Child abuse - A simple blow with a school bag, without any evidence of deliberate or sustained maltreatment, does not satisfy essential ingredients of child abuse - To invoke penal consequences of such a serious offence in absence of clear intention or conduct indicative of abuse would amount to an unwarranted expansion of provision...........
Stamp Act, 1899, Section 33, 35 -- Impounding of document - Photocopy of a document cannot be validated - Only original document can be validated - Even in cases where parties are allowed to lead secondary evidence even then photocopy of document cannot be validated - Impugned order vide which photocopy of document was ordered to be not impounded but deficient stamp duty..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration of title - When plaintiff prays for declaration of his right, title and interest over suit properties, onus for proving title of plaintiff over suit properties lies solely upon plaintiff and he shall prove his title over suit properties independently without depending upon defendant's failure to..........
Evidence Act, 1872, Section 120 -- A spouse is a competent witness in a proceeding involving other spouse - However, a non-party spouse cannot institute proceedings in substitution of party spouse...........
Evidence Act, 1872, Section 45 -- Handwriting and fingerprint expert - Petitioner was granted numerous opportunities including last and final opportunities, but failed to conclude his evidence - Consequently, his evidence was closed by Court and said order was never challenged by petitioner before any Court - Same amounts to waiver of right - Therefore, subsequent..........
Civil Procedure Code, 1908, Order 26, Rule 1, Evidence Act, 1872, Section 50 -- Suit for partition - Issue is whether the relationship between the deceased `D' and the plaintiffs' mother can be presumed to be a valid marital union, in the absence of formal documentary proof - The defendants, except for denying the marriage between the deceased `D' and the plaintiffs'..........
Evidence Act, 1872, Section 45 -- Expert opinion - Opinion of an expert including a medical board, is not binding on Court, but is merely advisory in nature - While expert opinions are relevant and may assist Court but Court retains responsibility of framing its independent judgment based on evidence available on record...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Merely attributing delay to unforeseen circumstances without any supporting details or evidence to substantiate these claims, does not meet legal threshold for condonation...........
Will -- Proof of - Will was duly produced and proved through PW3, one of attesting witnesses - While in cross-examination he was unable to recall name of other attesting witness and was confronted with unfounded suggestions of monetary inducement, however, these lapses do not in themselves, shake the core of his testimony or legal validity of execution - Document bears..........
