Will -- Proof - Merely because scribe and marginal witnesses of Will entered into witness box to prove execution of Will, same will not make Will a legal and valid document...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading and proof - Evidence beyond pleadings - Not to be taken on record and if it is taken then it is to be ignored...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading and proof - Customary divorce - Custom which stands as an exception to general law of divorce assumes form of a material fact, as it constitutes cause of action and therefore, it is required to be pleaded specifically and also established by party propounding it...........
Agreement to sell -- Specific performance - Service of notice and reply notice - Plaintiff did not produce postal acknowledgement in proof of service of notice to defendant - He himself admitted that he did not receive reply notice - No service effected upon defendant - Service of notice upon defendant and issuance of reply notice by defendant not proved - Suit for..........
Succession Act, 1925, Section 263 - - Court fee - Application seeking revocation of probate or letters of administration cannot be treated as a suit and shall be treated as Misc. application to be disposed of on fact situation - Burden of proof of seeking such a revocation would therefore lie on applicant in view of S.263 of the Act - Applicant thus, required to pay Court..........
Agreement to sell -- Suit for specific performance - Bonafide purchaser - Seller entered into agreement to sell with plaintiff and subsequently sold the suit land to defendants - However, plaintiff fail to show that he was in possession of suit land at the time of execution of sale deeds in favour of defendants by seller - Moreover, in absence of his examination as..........
Will -- Execution - Proof - It is execution of Will which is to be proved and not the contents of it - Evidence of attesting witness who stated that he put his signature at the instance of scribe and did not read the contents of Will cannot be disbelieved. (Evidence Act, 1872, S.68)...........
Will -- Proof - Doctor certified that testator was in sound and disposable state of mind - Evidence of doctor cannot be discarded only on the ground that he had certified state of mind of testator one day prior to the Will and he did not produce examination notes...........
Will -- Proof - Evidence of attesting witness and son of scribe is consistent with evidence on record - Doctor certified that testator was in sound and disposable state of mind - Defendant proved that testatrix had executed Will in her favour...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Burden of proof - Burden is on husband to prove acts of cruelty, as petition for divorce was filed by husband...........
