Will -- Burden of proof - Burden lies on defendants to prove execution of Will as they asserted Will and there is a special procedure prescribed for proof of execution of a Will...........
Protection of Children from Sexual Offences Act, 2012, Section 33 -- Recording statement of victim - Public Prosecutor to satisfy himself that the prosecutrix appearing before the Court to depose is a genuine witness - Public Prosecutor may from his own source or on the basis of other identification proof which may include Driving Licence, Passport, Aadhar Card, Voter ID..........
Transfer of Property Act, 1882, Section 105, 111 -- Lease deed - Proof of - Power of Attorney holder, son of landlord deposed in respect of said agreement on basis that he was present when terms of tenancy were discussed - Evidence of said witness cannot be discarded on ground that when landlord himself was available, his power of attorney holder could not depose in..........
Transfer of Property Act, 1882, Section 105, Evidence Act, 1872, Section 103 -- Lease - Eviction suit - Sub-letting - Burden of proof - Defendant was inducted as sub-tenant by plaintiff - He admits to have taken the suit premises on sub lease from plaintiff in his written statement - However, specific plea is taken by defendant that he became a direct tenant under original..........
Transfer of Property Act, 1882, Section 106 -- Lease - Notice of eviction - Plaintiff inducted defendant as sub-tenant of suit premises - By issuing first notice plaintiff terminated the lease - However, in the mean time settlement arrived at between parties and plaintiff permitted defendant to remain in premises, as it was agreed between parties that entire arrears of..........
Hindu Marriage Act, 1955, Section 7 -- Valid marriage - In the absence of performance of essential ceremonies of marriage especially the ceremony of Saptapadi, registration of marriage under Hindu Marriage Act or Special Marriage Act is of no consequence - When factum of marriage is disputed, then registration of marriage under Hindu Marriage Act or Special Marriage Act..........
Will -- Proof - Burden to prove execution and contents is upon propounder of Will - Merely because there is no specific denial in written statement/objection on behalf of defendants, it cannot be said that applicant is discharged from her burden to prove execution of Will...........
Indian Penal Code, 1860, Section 304A -- Fatal accident - Rash and negligent driving - PW1 and PW2 carelessly and negligently left deceased/minor boy of 10 years in roadside and they have crossed the road earlier - Accident occurred while deceased crossed the road - Subject vehicle was subjected to inspection after about 5 years from the date of occurrence - Eye witnesses..........
Indian Penal Code, 1860, Section 376(1) -- Rape - Rupture of hymen is not the conclusive proof of sexual intercourse, as it can be ruptured by any other mode than sexual intercourse...........
Partition suit -- Claimed by daughters - Defendant no.1 contended that he spent a sum of Rs.5 lacs for development of suit property - However, no documents produced in order to buttress claim of defendant no.1 regarding expenditure incurred by him in developing the property - No particulars of development given in proof affidavit also - Contention rejected - Plaintiffs..........
