Evidence Act, 1872, Section 101, 102 -- Burden of proof - Two senses of burden of proof are (i) Arising as a matter of pleading; (ii) who has first to prove a particular fact - First is called the `legal burden' and it never shifts and the second one shifts from one side to the other...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No specific allegation of behavioral misconduct amounting to cruelty has been made in his pleading or evidence with reference to date, place and nature of cruelty except allegation that she refused to cohabit with him - Even, such allegation is also not proved - Divorce petition..........
Civil Procedure Code, 1908, Order 8, Rule 1(A3) -- Late production of documents - Will - Partition suit - Defendant not pleaded in additional written statement regarding Will in question nor said Will filed along with additional written statement - Even, there is no reference to date of execution of Will in additional written statement - In the absence of pleading, any..........
Civil Procedure Code, 1908, Order 21, Rule 37, 38 -- Execution of decree by sending J.D. to civil imprisonment - D.H. did not produce any evidence to establish that J.D. has means to discharge the decree amount, except pleading that he is an Advocate - Execution petition rightly dismissed - However, DH is at liberty to file fresh execution petition as per law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Defendant took plea for the first time in High Court without their being any pleading in that regard or evidence in that respect adduced by him - More so, plea now raised is complete contrast to consistent stand taken by defendant before trial Court, first appellate Court and even before this..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Evidence beyond pleading is impermissible...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Issuance of warrants of arrest - Failure to join proceedings in obedience of notice U.O.21.R.37(1) CPC - Whether the petitioners were duly served or not, can only be proved by leading cogent evidence - However, since the petitioners are pleading at this stage to join proceedings, petitioners directed to put..........
Evidence Act, 1872, Section 114, 106, 120 -- None appearance of plaintiff as his own witness - Suit filed on behalf of Trust through its trustee/wife - Husband is competent enough to prove pleading of plaint being one of trustees of trust and also authorized to depose u/s 120 of Evidence Act - Non-appearance of wife being plaintiff witness in support of pleading of plaint,..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff by making a specific pleading with regard to his readiness and willingness and also proving same by reliable evidence, complied with the requirements of S.16(c) of Specific Relief Act - It was the defendant who failed to perform as per terms of agreement though called upon by plaintiff to..........
Agreement to sell -- Specific performance - Plea of hardship - Defendants have specifically stated in their written statement that except suit land they have no other piece of land and they require suit land for their own residential purpose and they cannot expect to dispose of their only piece of land and building standing thereon which would render them homeless,..........
