Malicious prosecution -- Suit for damages - Failure to prove financial loss or loss of reputation - Suit rightly dismissed...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has sufficient means available with him to pay the amount of permanent alimony to wife - He has inherited the retail outlet from his father - Various other immovable property referred by trial Court indicates that husband is a man of adequate financial means - It is the responsibility of husband to..........
Criminal Procedure Code, 1973, Section 91 -- Power u/s 91 Cr.P.C. must be exercised for production of such evidence, which would assist Court in discovering truth in the pursuit of justice - However, right of privacy of police officials cannot be breached at the ipse dixit of accused - Before any such order for production of call details/tower location is passed, accused..........
Indian Penal Code, 1860, Section 307, 323, 324, 325, 504, 506 -- Attempt to murder - Complainant and PW4 are hearsay witnesses, testimony of PW3 does not inspire confidence, as he is relative of complainant - Victim was under influence of alcohol at the time of alleged incident and as per prosecution, his finger was cut in the alleged incident, but there is not an iota of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiffs have to prove their title in respect of suit property in a suit for declaration - Merely on the basis of house tax extracts and tax paid receipts declaration cannot be granted - Since plaintiffs have not produced any document of title to prove their title in respect of suit property, suit..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of commissioner - Dispute between parties is with regard to intention of parties behind the execution of agreement - Court cannot assist a party for collection of evidence - Fact whether suit property lie on the common path or not can be established by way of evidence and it is for plaintiff or defendant to stand..........
Will -- Suspicious circumstances - Propounder of Will/DW1 is the second wife of testator - Two stamp papers on which the Will was typed were brought in the name of DW1 from Tenkasi - Attesting witness who was examined as DW2 in Court is admittedly the brother of DW1 and further that it is her case that Will in question was given to her by DW2 in Tenkasi - It cannot be..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Burden of proof - Suit for permanent injunction filed by plaintiff restraining the defendants and their men from interfering with their possession and enjoyment over the suit property - Burden is on plaintiff to prove that they are in possession and enjoyment over the suit property as on the date of suit...........
Transfer of Property Act, 1882, Section 106 -- Eviction notice - Notice of eviction was duly received by defendant and suit was filed by plaintiff after lapse of 15 days from the date when notice of eviction was received by defendant - Landlord is entitled to eject tenant after giving him notice to quit unless tenant proves that he has a right to remain on the land..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - In claim cases, in case accident is disputed or involvement of vehicle concerned is put in issue, claimant is only expected to prove the same on a preponderance of probability and not beyond reasonable doubt...........
