Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(2) -- Illegal gratification - Demand - Failure to prove - Renders the entire prosecution case highly suspicious and not acceptable - Circumstances only create suspicion which cannot be a substitute for a proof as such not acceptable...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Proof of - Tenant doing independent business along with partnership business - Held, merely because tenant was doing independent business along with partnership business it could not be said that there was any sub letting...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii) -- Unsafe and unfit for human habitation - Proof of - Chobara has fallen down which was part and parcel of building as a whole which was an old building - Held, building was unfit and unsafe for human habitation...........
Hindu Law -- Custom - It is one of the three sources of Hindu Law - Custom may override a statute subject, of course, to a clear proof of usage...........
Indian Penal Code, 1860, Section 302 -- Death under unnatural circumstances - Burden of proof - Death in unnatural circumstances in bed room which was occupied only by deceased and her husband - Law requires the husband to offer an explanation in this behalf - However, this depends upon facts and circumstances of each case - Absence of any explanation by husband would lead..........
Hindu Law -- Custom - Custom is one of the three cources of Hindu Law - Custom may over ride a statute subject, or course, to a clear proof of usage...........
Custom -- Proof of - In the absence of any proof of custom, the Hindu Law would apply...........
Evidence Act, 1872, Section 57 -- Custom - Proof of - Custom repeatedly recognised by the Courts - Need not to be proved...........
Succession Act, 1925, Section 63, Evidence Act, 1872, Section 68 -- Will - Execution of - Proof - Suspicious circumstances - Proof of attestation of Will is a mandatory requirement - Mode and manner of proof of due execution will depend upon the facts and circumstances of each case - It is for the propounder of the Will to remove the suspicious circumstances - No evidence..........
Will -- Execution - Proof - Will not read over and explained - A certificate to that effect in ordinary course is required to be given by the scribe - Scribe of Will cannot be relied...........
