Will -- Burden of proof - Burden is on propounders of Will to establish genuineness and authenticity of Will for accepting their case...........
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 111 -- Forged and fabricated gift deed - Burden of proof - Generally burden of proof is on the person who so alleges - However, when defendants were in dominating position and plaintiffs had faith upon them, burden in view of S.111 of Evidence Act, is upon defendants to prove that transaction of gift..........
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 111 -- Forged and fabricated gift deed - Burden of proof - Plaintiffs proved that they are illiterate ladies and defendants being their agnates were in dominating position particularly, after death of husband of plaintiff No.1 - Court below, thus rightly shifted burden of proving genuineness of gift..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Proof of - Mere proof of execution of gift deed is not sufficient, as execution of gift deed is not disputed - Rather, burden was on defendant to prove that plaintiff executed the gift deed in their favour by her own sweet will having understood the contents of gift deed - Defendants though stated that contents of..........
Hindu Adoptions and Maintenance Act, 1956, Section 11 -- Adoption - Proof of date of birth - Date of birth noted in a private school, is not a valid proof of date of birth unless the person who gave the date or made the entry is examined...........
Hindu Adoptions and Maintenance Act, 1956, Section 11 -- Adoption - Date of birth certificate - Can be used to prove the date of birth of a child or a person - It cannot be used as proof of adoption...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - For invoking of provisions O.21.R.90 CPC, there must be plea and proof as to injury suffered by objectors to auction sale (be it JD or any person claiming through or otherwise) in showing the said sale arising out of alleged material irregularity or fraud...........
Family Courts Act, 1984 -- Parties living separately - It is no proof of family settlement...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), Evidence Act, 1872, Section 105 -- Act providing reverse burden of proof on accused - This shall not dispense with requirement of prosecution to first establish a prima facie case, only whereafter the burden will shift to the accused - Compliance with statutory requirements and procedures shall..........
Agreement to sell -- Specific Performance - Readiness and willingness - Mere admission on part of defendant to accept the partial amount, cannot be substitute of proof of readiness and willingness - It was mandatory on part of plaintiff to show that he was ready and willing to pay remaining amount. (Specific Relief Act, 1963, S.16(c)...........
