Street -- Proof - Plaintiff relying upon sale deed in his favour - Defendant not a party to said sale deed - Description of surrounding properties as given in the sale deed will not bind the defendant - Non party to the sale deed is not bound by the contents thereof - Plaintiff not produced any other evidence to prove existence of street - Municipal record not produced -..........
Street -- Proof - Plaintiff in previous suit filed by him claimed same to be part of his property - In the subsequent suit plaintiff claimed it to be a street - Filing of previous suit not disclosed in the subsequent suit - Suit dismissed...........
Hindu Law -- Hindu Undivided Family (HUF) Property - Proof of - Suit property during life time of father of plaintiff was part of HUF and has to be treated as such - Rent receipts issued by father of plaintiff to tenants in suit property but same could be deemed to be his capacity as Karta of HUF - From the pleadings, documents and oral evidence on record, it is clear that..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Motive - Genesis of occurrence suppressed by prosecution - Case involves a fight between accused and deceased - However, evidence of direct witnesses not satisfactory - There is absence of extreme cruelty, even if it is assumed that accused hit the deceased with log - Had there been strong..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Burden of proof - Room in which dead body of deceased was found was jointly shared by accused/husband and his wife/deceased - Burden is upon accused to offer an explanation as to how and in what circumstances, deceased sustained so many injuries - Accused failed to offer..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 9, 10 -- Rejection of plaint - Non-disclosure of cause of action - Suit for recovery of money against appellant and contractor - Neither plaint nor documents disclosed any evidence to proof that appellant has nexus to sub-contract between plaintiff and contractor - Not their exist a..........
Revenue record -- Proof of tenancy on the basis of revenue entries - Revenue record carries presumption of truth - However, such presumption is rebuttable presumption and in the instant case in view of the admission made by plaintiff presumption stood rebutted as it is not established as to who inducted plaintiff as a tenant in the land and there is vague statement that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Documents - Mode of proof - An objection to the mode of proof of a document can be taken at the stage of trial only...........
Will -- Proof of - Mental state of testator - Testator proved to be in his senses or was not having any mental problem - Doctor also opined that testator was fit to make any statement - Competence of testator to execute the Will therefore, cannot be doubted...........
Evidence Act, 1872, Section 8 -- Motive - Offence u/ss 304(Part II), 323 IPC - When prosecution has proved occurrence by direct evidence of PW6, who is husband of deceased and after close scrutiny, his evidence is relied in spite of relationship with deceased, lack of proof of motive becomes minimal...........
