Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate Commissioner - Cannot be appointed for ascertaining boundaries and possession in support of his case - Plaintiff has to prove his case through independent evidence - Moreover, there is no dispute with regard to boundaries or physical features - Application rightly dismissed...........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 106 -- Murder - Accused-husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Accused-brother in law of husband who was escorting deceased from her parental home was last person seen in her company - Burden to prove the guilt is always..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Leave to defend - Tenants have not produced any material to show that premises was let out to electronic security systems - Rather landlord has produced rent deed to prove that separate portions were let out to petitioners herein, who are two brothers - Hence, even if rent has been paid for..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10 -- Eviction petition - Dismissal of - Since landlord himself categorically admitted that he is having several residential as well as non-residential properties in and around, therefore, landlord failed to prove his bonafide requirement - Both Court below rightly dismissed eviction petition on ground of..........
Motor Vehicles Act, 1988, Section 185, 203, 204, 205, Evidence Act, 1872, Section 106 -- Accident claim - Burden of proof - Driver under influence of alcohol - Facts about nature, quantity and place of consumption would be within special knowledge of person who has consumed alcohol - It would be "disproportionately difficult" for insurer to prove whether driver was empty..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Claimed by wife - Husband failed to prove his own income - Wife earlier working as a school teacher but on and from May 2014, she was not employed and applied for job in several places but she was not offered any job - No contrary evidence put by husband - Husband was a senior school teacher as would..........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence - Summoning of third party - Eviction suit - Tenant sought reopening of his evidence and summoning of third party as his witness - There is an allegation that there has been default in payment of rent - It is for tenant to prove that even if there is a default, it is not willful - Tenant is to establish his..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from interfering in peaceful possession of suit property - Plaintiff has admitted possession of defendant - He stated that he was in possession as a lessee - However, apart from lease deed, there is no evidence to prove that plaintiff is running his factory/industry from property in..........
Indian Penal Code, 1860, Section 489C -- Counterfeit currency notes - Seized articles were sent to FSL but prosecution did not take any attempt to produce and prove forensic report in respect of seized articles during trial of case - Non-production of forensic test report of seized articles will surely go against prosecution and without such report, guilt of accused not..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Barred by limitation - Plea of adverse possession taken by defendant - However, defendant failed to prove that he perfected his title over suit property by continuous and undisturbed possession over same for more than statutory period - Suit filed by plaintiffs not barred by..........
