Defamation -- Suit for damages - Publication of defamatory news item in a newspaper - Proof in case of a journalist - Proof in case of a journalist, to bring publication of a scandalous imputation under the penal law, it is not necessary to prove that it was done out of any ill-will or malice or that complainant had actually suffered from it - It would be sufficient to..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Lock of house in which dead body of deceased was found was opened by police for the first time after accused `R' locked house and went to his native village - In absence of any question on these aspects that house was in his possession and no one had access to that house,..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Standard of proof for summoning additional accused is higher than standard of proof for framing a charge against accused person...........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Proof of valid marriage is not a sine qua non for proving offence u/s 498-A IPC...........
Will -- Proof of - DW2 stated that he had written the Will on which testator had affixed his thumb impression - However, he is silent about signing of Will by attesting witnesses - Evidence of DW2 thus, can be read only to extent that he is scribe of Will...........
Will -- Proof of - Evidence of scribe of Will cannot be equated with that of attesting witness, particularly when he has not stated that Will was executed on dictations of testator and Will was ever read over to testator before he put his thumb impression...........
Will -- Proof of - Testator died within a month of execution of Will - None of witnesses has stated that testator was medically and mentally fit at the time of execution of Will - DW1 in whose favour Will was executed not stated that Will was ever signed by testator in his presence - Even it is the case of defendants themselves that DW1 was not keeping well - Thumb..........
Indian Penal Code, 1860, Section 363, 366A, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of minor girl - Determination of age - Entries in school register/school leaving certificate are required to be proved in accordance with law and the standard of proof required in such cases remained the same as in any other civil or criminal cases...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Proof and relevancy of document is different from marking of the same...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Whether contents of document go to prove delivery of possession of property to plaintiff or not is an aspect, which has to be gone into while appreciating aspect of proof of document...........
