Evidence Act, 1872, Section 8 -- Conduct of accused - Accused cannot be convicted solely on basis of his conduct in grave charges like murder...........
Evidence Act, 1872, Section 8 -- Conduct of accused - Accused`s conduct alone cannot justify conviction in absence of cogent and credible supporting evidence...........
Evidence Act, 1872, Section 118 -- Child witness - Testimony of a child victim, if found credible and trustworthy, requires no corroboration...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the stage of rebuttal evidence - Suit for mandatory injunction - Amendment sought for substitution of mandatory injunction with word possession - It was more of a clarificatory nature and that plaintiff shall not lead any further evidence - Nature of suit and relief sought would be same but only its..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - At the stage of bail, Court cannot minutely examine evidence on record...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff has to prove his readiness and willingness to perform his part of contract throughout and establish through oral and documentary evidence...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife has deposed that she is very keen and desirous to live and stay with her husband all through her life and perform her duties - Desertion has not been proved before Family Court through concrete and tangible evidence - Divorce petition rightly dismissed...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Alleged evidence sought to be produced by plaintiffs was well within knowledge of plaintiffs from the beginning - Plaintiffs were not vigilant of their rights in this regard - Even for the sake of arguments, submission of plaintiff to the effect that previous counsel had failed to lead necessary evidence, is..........
Agreement to sell -- Specific performance - Attesting witness to agreement to sell proved that amount was paid by plaintiff to defendant - Source of earnest money of Rs.10,31,000 is fully proved by plaintiff - Defendant led no evidence to rebut the testimony of attesting witness regarding earnest money having been paid in his presence - Suit rightly decreed...........
Civil Procedure Code, 1908, Order 11, Rule 5(4) -- Non production of document - Adverse inference - Adverse inference being a presumption, can only be drawn at the time of trial qua the facts of each cases, as it would require evidence and appreciation of evidence, as to whether there is compliance, partial compliance or no compliance with order - The presumption of..........
