Prevention of Food Adulteration Act, 1954, Section 16(1)(a), 2(ia)(f) -- Saunf - Sample found to be contain three rodent excreta - Sample found to be adulterated as in case of Saunf, rodent excreta is not permissible to any extent - In such a case it is not necessary to prove further that article of food was unfit for human consumption...........
Hindu Law -- Joint Family Property - Burden of proof - There is no presumption of a property being joint family property only on account of existence of a joint Hindu family - One who asserts has to prove that the property is a joint family property - If person so asserting proves that there was nucleus with which the joint family property could be acquired, there would be..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - No evidence to prove that wife was subjected to torture and harassment by husband - Wife left matrimonial home on her own - Wife not entitled to maintenance...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Challenge to adoption - Fact of adoption came to knowledge on filing of written statement - Written statement was filed on 5.9.2001 and amendment of plaint sought on 6.4.2002 - Question of limitation to challenge the adoption can only be decided at the trial as in case plaintiff is able to prove the date..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Decree of specific performance - Objectors claiming to be in possession of suit premises but miserably failing to prove same that he was running school in premises in question - Objections rightly dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Encroachment - Oral evidence cannot conclusively prove such an issue - To determine the area encroached it is always desirable to get the field measured by an expert and find out the area encroached upon...........
Agreement to sell -- Suit for specific performance - Ready and willing - Averment and proof - Entire sale consideration amount paid and possession delivered - Only legal formalities of registering sale deed was left to be done at future date - Held, when there are no such existing liabilities or obligations, the need to aver and prove readiness and willingness does not..........
Criminal trial -- Last seen together - Prosecution has to prove that the time gap between the last seen and murder is so proximate and so close that there is no possibility of drawing any inference of innocence of the accused persons and there was no possibility of meeting of anyone else with the deceased in between...........
Succession Act, 1925, Section 63 -- Evidence Act, 1872, Section 68 - Will - Execution of - `Y' mother of `R' having seven daughters and no son executing a will in favour of `R' - `R' a widow looking after her mother `Y' for 20 years - Will got registered by `Y' 3 years and 9 months before her death - The Will attested by two witnesses out of whom one was examined as a..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Allegation of fact when not specifically denied or it has not been denied by necessary implications then such a fact to be taken as an admission - It is discretion of Court to require a party to prove a fact despite such an admission...........
