Insurance claim -- Repudiation - Suppression of material facts - Burden on proof - Concurrent findings recorded by the District Forum and the State Commission that the respondents-LIC had failed to prove that the deceased has suppressed information relating to his illness - The finding based on appreciation of the oral and documentary evidence produced by the parties -..........
Insurance claim -- Repudiation - Suppression of material facts - Burden on proof - Concurrent findings recorded by the District Forum and the State Commission that the respondents - LIC had failed to prove that the deceased has suppressed information relating to his illness - The finding based on appreciation of the oral and documentary evidence produced by the parties -..........
Contract Act, 1872, Section 148 -- Bailment - Proof of - Held, it is clear that "Bailment" is established only when there is delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or disposed of according to the direction of the person who delivers goods...........
Motive -- Failure to prove motive in a case resting on circumstantial evidence is not fatal by itself - All that the absence of motive for the commission of the offence results is that Court shall have to be more careful and circumspect in scrutinizing the evidence to ensure that suspicion does not take the place of proof while finding the accused guilty...........
Age -- Proof - Horoscope - Evidentiary value - Horoscope is a very weak piece of material to prove age of a person and that heavy onus lies on a person who wants to press it into service to prove its authenticity...........
Criminal trial -- Evidence - Proof of document - Held, a document, even a public document, requires a formal proof - Evidence Act clearly states that evidence is of two types - Documentary or oral - What can be relied by court, either civil court or criminal court, is evidence that is duly proved and not any evidence - Here, trial court itself noted that exhibits-8, 9 and..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof of - Evidence - Held, it is not quantity but quality of evidence which clinches the issue in criminal trial - Quality of evidence of PW 1 is very high and her evidence alone is sufficient for conviction of accused...........
Agreement to sell -- Proof - Thumb impression on agreement alleged to be obtained on blank papers by taking advantage of drunken condition - Held, in that eventuality, a heavy burden of proof is on plaintiff to prove the due execution, genuineness of the agreement to sell and passing of the earnest money...........
Agreement to sell -- Specific performance - Ready and willing - Pleading and proof - It is incumbent on the party, who want to enforce the specific performance of a contact, to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract. (Specific Relief Act, 1963, S.16(c)...........
Agreement to sell -- Specific performance - Ready and willing - Pleading and proof - If a contract involves the payment of money, it is not essential for the plaintiff to actually tender to the defendant or to deposit in Court any money except when so directed by the Court. (Specific Relief Act, 1963, S.16(c) Explanation)...........
