Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - A document or statement recorded in another proceeding unless duly exhibited and proved as admissible evidence during the trial of civil suit in accordance with law of evidence, cannot ipso facto constitute an admission that is conclusive and dispensatory of requirement of proof U.O.12.R.6 CPC - Such..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Court before invoking provision U.O.12.R.6 CPC, must be satisfied beyond cavil that admission is of a conclusive nature and does not hinge upon proof or disproof of any other collateral fact in issue...........
Rent and Eviction -- In a suit for eviction, proof of ownership of tenanted premises is not to be strictly looked at as in a suit for declaration of title...........
Will -- Proof of - Mere fact that testator would not keep in mind the interest of his own wife, is not a valid ground to suspect the intentions of testator or probity of bequest made...........
Will -- Attestation - Propounder of Will is not obligated to examine both attesting witnesses and testimony of one attesting witness if it meets statutory requirements and withstands judicial scrutiny is adequate to discharge burden of proof in law...........
Evidence Act, 1872, Section 45 -- Expert opinion - While expert opinion is not mandatory, nevertheless when authorship is central to establish the guilt of accused and by direct evidence it is not demonstrated to show that alleged writing has been made in the presence of a witness, non-examination of an expert or any other cogent proof of authorship to corroborate alleged..........
Karnataka Rent Act, 1999, Section 43, 3(e) -- Eviction - Dispute of relationship of landlord and tenant - Whenever a dispute arises as to jural relationship between parties, Court has to examine lease agreement or in its absence, receipts acknowledging payment of rent signed by landlord as prima-facie proof of such relationship and proceed with hearing of case - In case..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Burden of proof - Initial burden to prove the factum of accident and involvement of offending vehicle lie on claimants - It is the claimants who have to discharge this primary burden by establishing occurrence of accident and involvement as well as identity of vehicle at least on prima facie basis - Only then onus to..........
Evidence Act, 1872, Section 102 -- Burden of proof - Adverse possession - Defendants have raised plea of adverse possession as such burden is on them to prove affirmatively that bar of limitation prescribed u/art 65 of Limitation Act, viz. 12 years, is applicable - But, limitation of 12 years begins when possession of defendants would become adverse to that of plaintiff -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife made specific averments that she was compelled to leave matrimonial home because of ill treatment - Her testimony on said aspect has not been challenged since she was not cross-examined by husband - Moreover, husband did not adduce any evidence to support his assertions - Husband has failed to produce..........
