Hindu Marriage Act, 1955, Section 2(2) -- Applicability of Act - Mere performance of marriage according to Hindu customs without specific pleading and cogent proof that petitioner had abandoned tribal customs and was governed exclusively by Hindu traditions is insufficient to attract applicability of Hindu Marriage Act...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Proof of service of summons is essential condition for proceeding ex-parte against concerned defendant - It was incumbent on part of trial Court to examine Process Server and witnesses of refused notice/summon on oath...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor child - Wife had no independent source of income and is largely dependent upon support from her parents - Having regard to overall facts and circumstances of the case, absence of direct proof of fixed monthly earnings beyond contractual engagement and fact that husband is also maintaining..........
Will -- Proof of - Will had been written on the directions of testator as per scribe of Will - Attesting witness of Will stated that Will was signed in his presence during process of registration - No material on record that Will was entered into by exercising undue influence and a state of intoxication so as to render it suspicious - Will proved...........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 101 -- (Bharatiya Sakshya Adhiniyam, 2023, S.104) - Suit for declaration of title - Burden of proof is always on plaintiffs to prove title by adducing cogent evidence to satisfaction of Court...........
Mutation -- Mere mutation in revenue records does not confer any title nor is a proof of title...........
Evidence Act, 1872, Section 110 -- (Bharatiya Sakshya Adhiniyam, 2023, S.113) - Presumption as to possession - Possession follows title is the presumption that may be raised u/s 110 of the Act - To raise such presumption, possession must at any time be with title and person must have continued with possession which was prima facie not unlawful and contesting party had no..........
Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 6, 7 -- Rape - No aggravated penetrative sexual assault proved - In absence of any proof of aggravated penetrative sexual assault, S.6 of POCSO Act cannot be applied - However, since sexual assault upon victim girl has been proved, provisions of S.7 of POCSO Act are..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is not earning or being capable of maintaining herself - Mere bald assertion that wife is working and earning, without any proof to even prima facie support this claim, cannot be of any help to husband at this stage - Wife is entitled to maintenance...........
Evidence Act, 1872, Section 106 -- Burden of proof - Murder - Any adverse inference u/s 106 of the Act is to be drawn against accused when prosecution has been able to establish the case beyond a reasonable doubt...........
