Hindu Marriage Act, 1955, Section 13(1)(iii), Evidence Act, 1872, Section 102 -- Divorce - Mental disorder of wife - Burden of proof - Burden is on husband to establish either that wife was incurably of unsound mind or that she had been afflicted by such a medical condition as may be described as a continuous or intermittent mental disorder of a kind in which husband may..........
Will -- Proof - Unregistered Will - Testator died after more than 1 year of execution of Will, but no effort was made to get the same registered - For 17 years after death of testator Will never saw the light of the day - Neither scribe nor attesting witness of Will was examined except PW1 who is headman of village - Testator was 80 years of age at the time of execution of..........
Evidence Act, 1872, Section 3, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading & Proof - Every fact pleaded has to be proved, either by oral or documentary evidence, to substantiate the same - Bald averment or mere statement by a party bereft of evidentiary material to back up such averment/statement takes a party's case nowhere...........
Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6 -- Stridhan - Non-return of Stridhan - Complaint by father - There is no iota of proof on record to show that father had entrusted the stridhan of his daughter to appellants which allegedly was illegally kept by them - Nothing on record to substantiate that appellants converted the stridhan..........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Offence u/s 4 of the Act - In order to prove the charge u/s 4 of POCSO Act, there should be penetrative sexual assault - In the absence of proof of penetrative sexual assault charge will not be proved...........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Offence u/s 4 of the Act - Evidence of victim and that of her mother are incompatible - Doctor who examined the victim girl has specifically stated that she did not find any injury external or internal - Hymen was intact and the Doctor has opined that there was no penetration at the time of occurrence - In..........
Negotiable Instruments Act, 1881, Section 138, 118(a), 139 -- Dishonour of cheque - Presumption - Complaint and affidavit do not mention that cheque bears the signatures of accused - No official of bank was examined to establish the name of person, who had put the signatures on the cheque - In the absence of proof of signatures, a presumption u/ss 118(a), 139 of the Act..........
Evidence Act, 1872, Section 101 -- Will - Burden of proof to prove Will is on propounder of Will...........
Will -- Proof - One of attesting witnesses of Will is ignorant about illness of testator, which shows that testator had not signed the Will in his presence - Mandatory procedure for attesting witnesses seeing the testator singing the Will or testator seeing the attesting witnesses signing the Will has not at all been proved - Signature of testator on Will is different..........
Evidence Act, 1872, Section 90 -- Thirty years old document - Presumption is with regard to proper execution of document which is 30 years old and not the proof of execution thereof...........
