Indian Penal Code, 1860, Section 304B, 306 -- Nature of offence - Allegation against father-in-law - Deceased committed suicide by hanging herself within six months of her marriage - Immediate cause for incident appears to be fact that daughter of accused brought silver ornaments of deceased from her father's home just before her death - It seems something was triggered by..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Proof beyond pleading - Any amount of evidence adduced without a foundation in pleading is of no avail...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Strict proof of marriage in proceeding u/s 125 Cr.P.C is not a condition precedent for awarding any relief under the said provision...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denied on the ground that there is no legal marriage between parties - However, strict proof of marriage is not required in proceeding u/s 125 Cr.P.C - Moreover, witnesses for wife in course of their evidence have stated about marriage between parties as per Hindu rites and PW2 also attended the marriage -..........
Evidence Act, 1872, Section 112 -- DNA test - Requirement of standard of proof - In criminal case, standard of proof is beyond reasonable doubt - Whereas in civil case, it is preponderance of probabilities - Further, in cases like partition and civil disputes, Courts are slow in ordering DNA test, as there is presumption u/s 112 of Evidence Act with regard to paternity...........
Fraud -- Proof - To prove plea of fraud, plaintiff has to lead affirmative evidence...........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity - No documentary evidence whatsoever filed by plaintiff with respect to his financial capacity - No income tax returns filed - No proof of bank deposits filed - No proof that balance sale consideration existed in the bank account of plaintiff filed - No documents filed to show that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20(c), 23, 28, 29, 67 -- Bail - Contraband - Seizure of - Discrepancies in drawing of sample, custody, conveyance and forensic examination inter alia that three samples of 5 gms drawn in place of sample weight of 24 gms as mandated instruction issued by NCB - Physical properties, weight of suspected..........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 68 -- Suit for declaration - Proof of Will - Evidence of three witnesses clearly states that contents of Will were read over to testatrix - They also deposed that testatrix affixed her thumb mark in the presence of attestors and scribe - In turn, attestors also attested the document in testatrix's presence..........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleading and proof - Parties to suit cannot be permitted to travel beyond pleadings, as civil suits are decided on the basis of pleadings...........
