Hindu Marriage Act, 1955, Section 7(1) -- Marriage - Validity - Presumption of a valid marriage is not diminished simply because there is no direct or positive proof of ceremony of Saptapadi having taken place - On the contrary, if there is even some evidence showing that parties went through a form of marriage, presumption becomes stronger...........
Hindu Marriage Act, 1955, Section 7(1) -- Marriage - Validity - Husband himself admitted that he was residing with wife as husband and wife and only ceased cohabitation upon learning that Saptapadi had not been performed - Burden of proof is on husband to establish that no Saptapadi was performed - An adverse inference cannot be drawn against wife for not producing..........
Will -- Proof of - Will was duly produced and proved through PW3, one of attesting witnesses - While in cross-examination he was unable to recall name of other attesting witness and was confronted with unfounded suggestions of monetary inducement, however, these lapses do not in themselves, shake the core of his testimony or legal validity of execution - Document bears..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Grounds raised for rejection of plaint, including limitation, validity of gift deeds and question of possession, all constitute mixed questions of fact and law, which necessitates recording of evidence and could not be summarily adjudicated at the preliminary stage in an application filed for rejection..........
Caste certificate -- Validity - Pre-Independence document certifies that appellant's grandfather belongs to Koli Mahadev Tribe - Greater probative value thus, ought to be given to said document - However, on basis of presumptions and assumptions said document has been disbelieved - Order of Scrutiny Committee invalidating appellant's caste claim as well as impugned..........
Agreement to sell -- Validity - Self serving evidence of plaintiff cannot be wholly relied upon as evidencing execution of suit agreement...........
Agreement to sell -- Validity - Plaintiff failed to prove that agreement to sell was a genuine document - Merely because stamp paper was purchased it cannot be held that agreement was genuine...........
Agreement to sell -- Validity - Agreement in question and receipt was allegedly executed by defendants - However, some of defendants not signed the agreement and receipt - No authority was given by them to other defendants to sell the property - Genuineness of agreement to sell is not proved by plaintiff - Agreement in question is not genuine...........
Electricity Act, 2003, Section 145 -- Jurisdiction of civil Court - Civil Court has no jurisdiction in entertaining disputes under the Act in view of bar u/s 145 of the Act - However, jurisdiction of writ with regard to determining validity of passing of impugned order can be availed...........
Agreement to sell -- Validity - Lack of legal necessity to sell land cannot be a ground to invalidate agreement to sell or to hold that same are not enforceable...........
