Insurance Claim -- Repudiated - Suppression of ailment while taking the policy - Ailment of Amoebic hepatitis - No evidence or proof of ailment - Merely taking leave on medical ground is no ground to hold that the insured was actually ill and was admitted in the hospital or took some treatment...........
Transfer of Property Act, 1882, Section 105 -- Tenancy - Proof - Payment of house tax - Defendant alleged to be licensee whereas he claiming to be a tenant - Payment of house tax in which defendant is shown to be a tenant - Held, payment of house tax by a person in possession of house is a unilateral act which is not sufficient to prove his tenancy...........
Civil Procedure Code, 1908, Order 5, Rule 10, General Clauses Act, 1897, Section 17 - - Proof of service of notice - Reply to notice sent at the correct address of plaintiff - Endorsement of Refused made by the post man - Plaintiff had admitted that address given on it was his own - Plea therefore that there was no evidence of despatch of reply notice - Not tenable...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Mental cruelty - Standard of proof under matrimonial cases - Charge not to be established beyond reasonable doubt but by preponderance of facts alleged...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Intention of respondent to dispose of property - Proof of - No proof of intended sale - Respondent did not controvert said contention by filing counter affidavit - Needle of suspicion swings more in favour of the petitioner, than relieving the respondent of his obligation - Refusal for attachment..........
Indian Penal Code, 1860, Section 34 -- Common intention - Direct proof of common intention is seldom available - Such intention can only be inferred from the circumstances appearing from the proved facts of the case and the proved circumstances...........
Indian Penal Code, 1860, Section 34 -- Common intention - Proof - Prosecution must establish by evidence, whether direct or circumstantial, that there was plan or meeting of mind of all the accused persons to commit the offence for which they are charged with the aid of S.34, be it pre-arranged or on the spur of moment but it must be before the commission of the crime...........
Domestic Enquiry -- Standard of proof - Strict and sophisticated rules of evidence under the Evidence Act may not apply - All materials which are logically probative for a prudent mind are permissible - Hearsay evidence, provided it has reasonable nexus and credibility, is good evidence at domestic enquiry...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Proof of document - Exhibiting a document is an administrative act - It has nothing to do with proof...........
Medical negligence -- Burden of Proof - It is for the patient to establish his case against medical man and not for the medical man to prove that he acted with sufficient care and skill - Negligence has to be established and cannot be presumed - Complainant has to produce expert medical opinion to prove the negligence of doctor...........
