Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Isolated instance alone and that too without any proof cannot be a ground to dissolve marriage...........
Will -- Proof of - Execution of Will proved by one of attesting witness to Will - Will was signed by testator in a sound and disposing state of mind - Testator put his signature to document of his own free will - Respondent who was the only contesting party also accepted the execution of Will - Will held, proved on record - Petitioner entitled to Letter of administration..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Determination of age - Registrar in an inquiry has duly affirmed the veracity and bona fide nature of certificates adduced by schools attended by applicant - Certificate issued and school records of applicant is..........
Legal Services Authorities Act, 1987, Section 21, Indian Contract Act, 1872, Section 17 -- Award of Lok Adalat - Plea of fraud by petitioner - When petitioner and her counsel signed the terms of compromise, then petitioner cannot resile from compromise and contend that it was obtained by fraud without producing any prima facie proof...........
Civil Procedure Code, 1908, Order 23, Rule 3, Evidence Act, 1872, Section 102 -- Compromise - Fraud - Burden to prove that compromise arrived at U.O.23.R.3 CPC was tainted by fraud lies upon party who alleges the same - His mere assertion in pleadings before Court is no substitute for proof of vitiating circumstances...........
Agreement to sell -- Specific performance - Readiness and willingness - Pleading and proof - Requirement of necessary averment in plaint - Mere want of objection by defendant in written statement is hardly of any effect or consequence...........
Agreement to sell -- Specific performance - Readiness and willingness - Pleading and proof - Not even a remote suggestion in plaint averments that plaintiff had performed or has always been ready and willing to perform his part of the contract - Testimony of plaintiff lacking in material assertions of readiness and willingness on his part, which is essential for grant of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Strict standard of proof beyond all reasonable doubt is not followed in cases arising out of motor vehicle accidents - Standard of proof must be preponderance of probability...........
Negotiable Instruments Act, 1881, Section 138, 145(1) -- Dishonour of cheque - Mandate of legislature is trial of such cases in a summary manner - Evidence already given by complainant by way of affidavit is sufficient proof of offence and this evidence is not required to be given again and has to be read during trial - Witnesses i.e. complainant and other witnesses can be..........
Specific Relief Act, 1963, Section 38, Evidence Act, 1872, Section 101, 102 -- Suit for permanent injunction - Burden of proof lies on plaintiff to prove that he was in actual and physical possession of property on the date of suit...........
