Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Considering plaint pleadings it cannot be said that period of limitation is a pure question of law - It is a mixed question of law and fact which cannot be considered for rejection of plaint barred by law - It requires evidence and proof during trial - Order of rejection of plaint..........
Will -- Proof of - Plaintiff has not filed original Will and has only filed its certified copy - No reason furnished by plaintiff as to why original Will was not produced by him in trial Court - Plaintiff was bound to prove original Will and if that was lost, destroyed or was not in his possession, only then plaintiff could have filed certified copy of Will but that was..........
Will -- Proof of - There are two attesting witnesses of alleged Will, but plaintiff has not examined any of them in order to prove execution of Will - One of attesting witness is alive, but she is not examined or she is not willing to appear in Court, as such, Will has not been proved in accordance with S.68 of Evidence Act - Since, one attesting witness of alleged Will..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Deceased was a Mason - Accident occurred in the year 2014 and even a coolie would have entitled to minimum wage of Rs.9500 per month - There can be no documentary proof offered for income of a Mason, who is also a skilled worker - Monthly income of deceased @ Rs.9500..........
Evidence Act, 1872, Section 17 -- Admission - Admission by a party can amount to proof for establishing a fact...........
Hindu Marriage Act, 1955, Section 12, 13 -- Divorce - Infertility (barrenness) of wife - Divorce petition dismissed on the ground that barrenness is not a ground for divorce within the purview of Hindu Marriage Act - However, in the impugned order it is not clear whether wife was barren or not and no conclusive proof of barrenness of wife is on record - Husband wants to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Statement of wife that she was not ready to live with husband is not a proof that she was not willing to live in the company of husband in his village, but it is a statement made in view of subsequent events, i.e. solemnization of marriage by husband with another lady, which stands..........
Evidence Act, 1872, Section 102 -- Burden of proof - In a suit for declaration of title, recovery of possession and mandatory injunction, entire burden lies on plaintiff to prove his valid right and title and also title of his vendor...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Complaint avers explicitly that all accused including applicants were in charge of and responsible for conduct of business and were managing day-to-day affairs of company when cheque in question was issued and subsequently dishonoured - At the stage of summoning, presence of..........
Evidence Act, 1872, Section 102 -- Onus to prove - Joint Family Property - Sale by Karta - Onus to prove that a sale made by Karta on behalf of other coparceners of HUF for legal necessity lies on alienee/purchaser - However, onus of proof on stranger/purchaser cannot run counter to principle of reverse burden enshrined in S.106 of the Act and saddle him with liability to..........
