Partition suit -- Joint Family Property - Defendants specifically discharged their burden by oral and documentary evidence that items of Scheduled II are not joint family properties and that items of Scheduled III are not at all presented by parents of plaintiff - Burden heavily shifts on plaintiffs who approached Court seeking partition of properties claiming to be joint..........
Evidence Act, 1872, Section 101 -- Burden of proof - Partition suit - Initial burden of proving suit property to be joint family property is on plaintiffs - Therefore it is for plaintiffs to prove through oral and documentary evidence that suit property was purchased out of joint family income...........
Stamp Act, 1899, Section 47A, Article 23 -- Schedule IB (as applicable to State of UP) - Stamp duty payable on registration of sale deed - Stamp duty - Determination of Market value of property - Issue regarding market value of sale deed land on the date of execution of sale deed is required to be decided by permitting parties to adduce oral and documentary evidence...........
Indian Penal Code, 1860, Section 304A, 279, 338 -- Rash and negligent driving - Panch witness/PW4 has not stated that driver of offending vehicle was driving vehicle in a rash and negligent manner at the time of accident - Other panch witness/PW5 not supported prosecution case - No oral and documentary evidence available on record that accused was driving the offending..........
Agreement to sell -- Specific performance - No documentary evidence was submitted by plaintiff to show payment of sale consideration to predecessor of defendant - Oral evidence in this regard was self contradictory - More so, sale agreement was executed in 1987 and predecessor of defendant died in 1996 and thereafter suit was filed in the year 2004 - No evidence on record..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - In the absence of evidence of the complainant (direct/primary, oral/documentary evidence) it is permissible to draw an inferential deduction of culpability/guilt of a public servant u/s 7 and S.13(1)(d) r/w S.13(2) of the Act based on other evidence adduced by the prosecution...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - In the absence of evidence of the complainant (direct/primary, oral/documentary evidence) it is permissible to draw an inferential deduction of culpability/guilt of a public servant u/s 7 and S.13(1)(d) r/w S.13(2) of the Act based on other evidence adduced by the prosecution...........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity of plaintiff - Mere oral statement made by plaintiff cannot be taken as proof of his financial capacity, in the absence of any documentary evidence in the shape of any account book, pass book, statement of accounts, any other negotiable instrument or any income tax record...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by wife - Husband admitted that except for suspecting fidelity of husband, wife was a good wife - No oral and documentary evidence to prove that wife removed thali and there is no evidence regarding cruelty committed by wife - Husband failed to prove its case and there is suppression of facts on the side of..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 120B, 201, 118 -- Discharge - Murder - Complainant in complaint has not named accused as perpetrator of offence rather she stated that she suspects foul play - I.O has not brought even prima facie material in charge sheet as to what was the motive on the part of accused to commit alleged..........
