Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Solitary independent witness not examined by prosecution and given up as having been won over - PW3 stated that independent witness had come to place of recovery at about 7.30 A.M. which is much prior to apprehension of accused, who was allegedly apprehended at about 8.30 A.M - Consent..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Execution - Payment of decretal amount out of Court - Application seeking certification of satisfaction of decree - Once DH admits his signatures on receipt acknowledging full and final payment, evidentiary burden stands duly discharged - Admission is the best evidence against maker and unless satisfactorily..........
Criminal Procedure Code, 1973, Section 125(4) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144(4) - Maintenance to wife - Adultery - Single instance of adulterous conduct is not enough to disqualify wife from claiming maintenance rather, there must be evidence of continuous adulterous behavior - In brief, there should be proof that wife is habitually engaging in an..........
Criminal Procedure Code, 1973, Section 125(4) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144(4) - Maintenance to wife - Adultery - Husband is not required to prove adulterous act beyond a reasonable doubt - Adultery typically occurs in secrecy, making direct proof rare - Adultery can often be established through circumstantial evidence, provided circumstances lead..........
Will -- Proof of - Will was duly registered in accordance with statutory requirements - Contention of appellant/objector that Will is forged and fabricated is wholly unsubstantiated, as no evidence has been adduced by appellant to support the claim of forgery or to show a contrary intention of testator or that testator was not in sound mind or that signing was involuntary..........
Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Violation of - DHs had failed to establish violation of compromise decree by JDs - Burden of proving violation of decree rests squarely on DHs - In the absence of cogent proof of such violation, execution cannot be sustained - Burden of proof, which lay upon DHs, had not been discharged - Executing..........
Protection to life and liberty -- Live-in-relationship - Nothing on record primarily to show that petitioners are living as husband wife or they have solemnized marriage after obtaining divorce from earlier marriage - Neither proof of joint account, financial security, joint property or joint expenditure is produced before Court nor any document is produced before Court..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegations pertaining to spending habits, household contribution or mobile usage, without proof of severe mental harassment, do not fall within the statutory meaning of cruelty as required under law...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty and desertion - Petition by husband - No particular incident of cruelty has been proved by husband - Allegations were sweeping in nature and devoid of specific details - Even the allegation that wife refused reconciliation on specific dates remains unsubstantiated because no witness who was present on those..........
Evidence Act, 1872, Section 45, 73 -- Provisions of Ss.45, 73 of Evidence Act can only be invoked for an admitted document for the purpose of comparison of signatures or handwriting...........
