Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiffs had proved in evidence jamabandi in which they are recorded as owners in possession of suit property - Defendant unable to prove any title to suit property or any valuable right being there - Concurrent findings on record that plaintiffs are owners of suit property and..........
Will -- Registered Will - Mere fact that Will is registered does not prove due execution of Will and same cannot be pressed into service in case of shortcomings in the evidence of attestor...........
Agreement to sell -- Specific performance - Agreement dated 12.8.2004 as alleged by plaintiffs is insufficiently stamped - Plaintiff failed to prove such agreement - Defendants stated that they had not executed such agreement dated 12.8.2004 and on 2.8.2004 agreement between parties was executed - Signatures of defendants as well as witnesses were not obtained in front of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating ancestral property - Once a specific finding has been given by Court in writ petition that plaintiffs have failed to prove land in question to be an ancestral property which was further affirmed by Division Bench, same fact and same pleadings cannot be..........
Agreement to sell -- Specific performance - Merely an assertion in agreement to sell (Iqrarnama) regarding taking consideration of Rs.5 lakhs and handing over possession is not sufficient to prove possession over property, especially in the circumstances when property is a joint family property...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 27 -- Compliance of order passed in favour of deceased senior citizen sought by daughter-in-law on the basis of Will in her favour - Daughter-in-law to file a civil suit where she has to prove the Will as such she was rightly relegated to Civil Court...........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 6 -- Kidnapping and rape - Age of prosecutrix - Prosecutrix herself stated that she went with accused on her own will and she was living with accused as his wife and is blessed with two sons - Prosecution failed to prove that age of prosecutrix was less..........
Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 105 -- Insanity - Burden of proof - Lies on accused to prove to satisfaction of Court that one is insane while doing the act prohibited by law - Such a burden gets discharged based on a prima facie case and reasonable materials produced on his behalf - Extent of probability is one of preponderance - A person..........
Indian Penal Code, 1860, Section 302, 364, 365, 380, 395, 34 -- Murder - Circumstantial evidence - Last seen theory - There is gap of five days from the date on which deceased was taken away by accused and dead body was recovered - However, prosecution failed to prove that dead body was recovered at the instance of A-3 - Last seen evidence not proved...........
Indian Penal Code, 1860, Section 302, 364, 365, 380, 395, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of dead body of deceased - No confessional statement of A-3 was recorded u/s 27 of the Act with regard to recovery of dead body - Prosecution thus, failed to prove the circumstance that dead body of deceased was recovered at the instance..........
