Evidence Act, 1872, Section 68 -- Registered sale deed - Denial of its execution - Mere fact that executant/defendant is in the party array of suit alone, will not bring the document within purview of exception carved out in S.68 Proviso of the Act - S.68 Proviso of the Act alone would come into play without its exception and hence, there is no necessity for summoning or..........
Will -- Proof - Merely because word applicant and deponent was written on both the pages of Will by scribe, it cannot be viewed with suspicion, when he successfully proved due execution of Will, more particularly in view of the fact that scribe of Will was not a professional scribe and in fact had not scribed any Will earlier to this...........
Indian Penal Code, 1860, Section 218, 222, Evidence Act, 1872, Section 106 -- Offence u/ss 218, 222 IPC - Burden of proof - Accused being a police constable himself allowed under trial to escape from custody - Incident happened in a broad daylight in crowded Court compound, but none of PW has seen such incident, nor did anyone hear about it - However, accused developed a..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 1, 3, 4, 6 -- Production and exhibition of documents - Objection by plaintiff - Mere exhibition of document is only for purpose of identification of document and does not dispense with its formal proof, unless same is formally proved - Moreover, plaintiff has an occasion to raise objection qua admissibility and mode..........
Will -- Proof - Attesting witness of Will should not be disbelieved merely on account of fact that he forgotten the name of executant, particularly after elapse of long period of time...........
Indian Penal Code, 1860, Section 363, 368, 366, Evidence Act, 1872, Section 106 -- Kidnapping of two minor girls - Burden of proof - Accused kidnapped two minor girls on rickshaw - No evidence or circumstance pointing fact that two minor girls were ever seen in company of any other person after their disappearance with accused on rickshaw - Imputation of causing..........
Hindu Succession Act, 1956, Section 6 -- Coparcenary property - Rights of daughters - Respondents married before his father's death and residing in their respective matrimonial house - It is claimed that daughters received their share in form of silver and gold - This submission is also not established by evidence adduced by appellants before trial Court - Thus, in such..........
Evidence Act, 1872, Section 3 -- Expression "proved", "disproved" and "not proved", lays down standard of proof, namely, about the existence or no, existence of circumstances from the point of view of a prudent man, so much so that while adopting the said requirement, as an appropriate concrete standard to measure "proof", full effect has to be given to the circumstances..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Solitary eye witness to the incident - PW1/sole eye witness related to both deceased and accused - Incident occurred during the mid night and PW1 stated to have witnessed the incident - However, PW1 did not utter a sound or make a shriek or raise any alarm either to prevent the occurrence or to muster assistance from..........
Malicious prosecution -- Plea to be specific and particular - No specific allegation against any particular person neither any person is made party to the petition - Adequate pleading and proof qua party against whom mala fide alleged sine qua non for consideration of question of malice in fact...........
