Hindu Marriage Act, 1955, Section 7, 7A,8 -- Marriage - Proof - Registration certificate - Not substantial proof of Hindu Marriage if one party repudiates the same - Effect of marriage certificate is only to extent that parties have made statements before public authority - It does not prove that marriage was solemnised as per S.7 or S.7-A of the Act...........
Will -- Execution - Proof - There is no requirement of law that attesting witness should be knowing the contents of Will - The only requirement is that the testator of the Will should put his signature or thumb mark as the case may be in presence of two or more witnesses and that the said witnesses also should put their signatures in presence of the testator...........
Consumer Protection Act, 1986, Section 2(1)(g), Evidence Act, 1872, Section 91 -- Insurance claim - Repudiation - On the ground that Loss to brick kiln not covered by the cover note - The cover note has listed out the details pertaining to the insurance policy taken by the respondent No. 2 i.e. the Bank to cover the loan sanctioned to the petitioner - Insurance is only for..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 21(b) -- Insurance claim - Surveyor-'s report - Loss assessed by the Second Surveyor was Rs. 2,59,181/- and the first Surveyor did not assess any loss - The report of a Surveyor is a credible document which must be relied upon unless controverted by credible proof of any infirmity in its findings - Petitioner has..........
Will -- Burden of proof - Propounder has to prove the execution of Will and is further required to remove the suspicion by leading sufficient and cogent evidence - However, if defence of fraud, coercion or undue influence is raised, the burden would be on the caveator...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Hindu law - Joint family property - Partition - There had been a disruption in the joint family many decades ago - There was also separate selling and purchasing of properties, raising separate fund executing Will or executing gift deed - Held, if parties for a long time have independent management of properties which by..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Proof of service of notice - There is a postal endorsement to the effect that notice was refused - Envelope is accompanied by acknowledgement and it has been returned to complainant - Having sent notice by registered post, complainant has produced postal receipt - Held,..........
Evidence Act, 1872, Section 3 -- Sole testimony of injured witness - Conviction - Duty of Court - Held, although there is no bar that testimony of sole injured witness (if assessed credible) coupled with proof of injury can be a ground for conviction but again appreciating the evidence as a whole, if indicating towards doubt in holding accused persons guilty, then it would..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Prima facie case - Burden of proof - Appellant tried to raise certain doubts over title of respondent No.1 - Held, to establish prima facie case burden in on appellant to establish his title and possession over property in suit - He cannot take advantage of weakness of respondent's title...........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Proof of - Appellant, a financier, alleged to have hatched conspiracy with three others to seize auto rickshaw from possession of hirer on account of default in payment of installments - Driver of auto rickshaw was murdered by other accused persons while taking possession of auto rickshaw - At the time of..........
