Evidence Act, 1872, Section 101 -- Burden of proof - Suit for declaration of title - Burden of proof in a suit for declaration of title is upon plaintiff and this burden never shifts to defendant till plaintiff discharges his burden...........
Evidence Act, 1872, Section 101, 102, 103 -- Suit for declaration of title - Burden of proof - Entire burden in a suit for declaration of title is upon plaintiff - Once plaintiff fails to discharge said burden, howsoever bad is the defence of defendants, that will not come to the aid of plaintiff...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Suit properties were allegedly allotted to share of grandmother of plaintiff in a oral partition and she sold the suit properties in favour of plaintiff - However, if really grandmother of plaintiff was allotted such properties and she was in possession and enjoyment of..........
Evidence Act, 1872, Section 32 -- Dying declaration - Death occurred after 5-1/2 months after statement was made by deceased - Death should be proximate to statement to rely upon statement made by deceased as dying declaration - Statement of deceased cannot be considered as dying declaration...........
Indian Penal Code, 1860, Section 366, 376(2)(n) -- Kidnapping and rape - Determination of age of prosecutrix - Date of birth given in certificate provided by Principal of College cannot be conclusive proof of exact date of birth of prosecutrix, as the same is based upon declaration given by parents of prosecutrix at the time of her admission...........
Indian Penal Code, 1860, Section 302, 304(Part I), 34 -- Nature of offence - Incident occurred after verbal altercation between parties - There was no pre-planning or premeditation to commit crime by accused - A-1 and A-2 in a heat of passion caught hold of deceased and his wife/A-3 out of anger brought kerosene and poured it - In dying declaration, it is rightly stated..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 58 -- Rejection of plaint - Suit for declaration - Suit covered under Art.58 of Limitation Act - Suit not filed within three years when right to sue first accrued - Plaint rightly rejected...........
Limitation Act, 1963, Article 109 -- Limitation - Suit for declaration that gift/settlement deed is null and void - Gift/settlement deed was executed by father of plaintiff in favour of defendant No.2 and defendant No.2 has taken possession of property on 22.3.1980 when gift/settlement deed was registered - Period of 12 years as prescribed u/art 109 of the Act is..........
Evidence Act, 1872, Section 112 -- DNA test - Suit for declaration as to co-sharer - Matters needs to be decided by way of judicial determination and cannot revolve around DNA test - Court is only to adjudicate on claim over property and has nothing is relevant for determining parentage of children - More so, it is by means of evidence, documentary and otherwise, which..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and injunction - Plaintiffs vaguely averred that their father was owner and after his demise they inherited property - Original documents under which they are claiming title were never produced on record and only photocopies were produced - Even said photocopies of documents are not duly proved to..........
