Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - Such defendant can cross examine witnesses examined by plaintiff to prove the falsity of plaintiffs case...........
Possession -- Revenue entries - Stray entry in jamabandi recording a party as a gair marusi without paying any rent, cannot be relied upon to hold lawful possession as tenant - In order to prove lawful possession, possessee is required to prove payment of rent...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff failed to prove his possession over the suit property as tenant - He is thus, not entitled to decree of permanent injunction...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two minor daughters - Curtailment of right of husband to cross-examine PWs makes the testimony of PWs go totally unrebutted - Order passed by Family Court curtailing the right of husband to cross-examine PWs examined by wife to prove her entitlement to claim maintenance from her husband set aside -..........
Will -- Proof - Propounder of Will is obligated under law to prove execution of the same as per requirements of S.63(c) of Succession Act and S.68 of Evidence Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Non-compliance of S.50 of the Act - No efforts were made by PWs to produce accused before any Gazetted Officer or Magistrate as required by S.50 of the Act - Prosecution has failed to prove the mandatory compliance of S.50 of the Act - Accused acquitted...........
Service -- Compassionate appointment or on contractual basis - Respondent was appointed as a contract conductor on preferential basis being the son of deceased employee - No document on record to prove that appointment of respondent was on compassionate basis so as to treat him as a permanent employee - Mere fact that respondent was appointed on contract basis pursuant to..........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Offence u/s 4 of the Act - In order to prove the charge u/s 4 of POCSO Act, there should be penetrative sexual assault - In the absence of proof of penetrative sexual assault charge will not be proved...........
Evidence Act, 1872, Section 101 -- Will - Burden of proof to prove Will is on propounder of Will...........
Will -- Proof - One of attesting witnesses of Will is ignorant about illness of testator, which shows that testator had not signed the Will in his presence - Mandatory procedure for attesting witnesses seeing the testator singing the Will or testator seeing the attesting witnesses signing the Will has not at all been proved - Signature of testator on Will is different..........
