Agreement to sell -- Specific performance - Readiness and willingness - S.16(c) of the Act not only requires proof of readiness and willingness but both averment and proof of such readiness and willingness - However, that does not mean that there must be such averment as a matter of form - If averments made in plaint are otherwise capable of amounting to a case of..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(v) -- Rent and eviction - Non use of tenanted premises - Burden of proof - Initial burden to show that tenant has ceased to occupy building continuously for 12 months is always on landlord -Landlord has to adduce tangible evidence to prove fact that as on date of filing petition, tenant was not occupying building..........
Indian Penal Code, 1860, Section 489B, 489C, 34 -- Forged currency notes - Secret information - No contradiction in any of witnesses in relation to information, raid and recovery of forged currency notes - Seizures were followed by appropriate preservation, labeling, sealing and other due processes - Police officers involved in process are not shown to have any particular..........
Criminal Trial -- Mere suspicion, however, strong, cannot take the place of proof in criminal cases...........
Evidence Act, 1872, Section 3 -- Circumstantial evidence - While dealing with a case based on circumstantial evidence that in a criminal case, Court has a duty to ensure that mere conjectures or suspicion does not take the place of legal proof and before an accused is condemned, evidence produced by the prosecution must be clear, cogent and unimpeachable and the basic and..........
Hindu Marriage Act, 1955, Section 7, 5 -- Marriage - Validity of marriage - Customary marriage - In the absence of any precedent or custom of such marriage, no judicial notice can be taken of a custom - In the absence of any pleading or proof of custom, plea that in their community such marriage can be performed cannot be accepted as no judicial precedent was brought to..........
Evidence Act, 1872, Section 101 -- Burden of proof - Criminal trial - Burden is on prosecution to prove its case is independent of suggestions of defence counsel - Burden of prosecution can never waive...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized property - Interim custody - Preservation of property during trial of case - It is not necessary that original property inevitably has to be preserved and produced - Reception of secondary evidence is permissible - Instead of producing original property production of photographs of property, depicting all..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 323, 324, 452, 148, 149, 506 -- Summoning of Doctor - To prove Radiological Reports - Doctor conducted radiological examination of injured - However, doctor was not cited in list of PWs by I.O due to oversight and omission could not be noticed by Assistant Public Prosecutor at the time of..........
Constitution of India, 1950, Article 32, Shri Jagannath Temple Act, 1954, Section 21 -- Administration of Temple - Prasadam - Sold in not hygienic manner - Directions issued that such places be improved and made hygienic, prasadam should be kept in fly proof receptacles and it should be sold at proper rates, to be fixed by Temple Management - Purity of prasadam also shall..........
