Evidence Act, 1872, Section 58 -- Fact admitted - Need not to be proved unless Court warrants it...........
Evidence Act, 1872, Section 58 -- Admission - Fact admitted - Need not to be proved unless Court warrants it - Exercise of discretion is a judicial one - There must be basis in asking a party to prove it otherwise...........
Evidence Act, 1872, Section 92 -- Sale deed - Oral evidence - Sale deed is required to be registered i.e. a document required by law to be reduced to the form of a document - Therefore, no evidence of any oral agreement or statement shall be admitted for the purpose of contradicting, varying, adding or subtracting from its terms...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused indulged in pick pocketing and some dispute arose between parties on account of share of money so obtained by pick pocketing - Six ante mortem injuries have been caused on body of deceased by axe - Use of axe in commission of offence also stood proved - Doctor stated that three injuries caused by separate blows and..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Signatures admitted - Passing of consideration arises as provided u/s 118(a) of the Act - Such presumption remains till contrary is proved - Whether there is rebuttal or not depends on facts and circumstances of each case...........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu female - Hindu female got property in lieu of her pre-existing right of maintenance - Right of maintenance of Hindu female is acknowledged in settlement deed - Husband of Hindu female has admitted that as per orders of Court he is under an obligation to pay maintenance to her - However, since he is not in a..........
Civil Procedure Code, 1908, Order 11, Rule 1(4), (5) -- (As applicable to Commercial suits) - Production of additional documents - Leave of Court - Plaintiff specifically admitted that documents other than invoices were in their possession but not produced being voluminous and that suit was filed urgently - Courts below rightly not permitted plaintiff to rely upon..........
Indian Penal Code, 1860, Section 304(2), Evidence Act, 1872, Section 106 -- Offence u/s 304(2) IPC - Deceased died in her matrimonial home rather in the room in which she used to live with her husband/accused - Provisions of S.106 of Evidence Act is thus, attracted - Accused admitted his presence at the place of occurrence - He informed brother of deceased about hanging -..........
Hindu Marriage Act, 1955, Section 27 -- Claim of money of Rs.50 lakh by wife - Husband insisted for Rs.50 lakhs to purchase property from PW10 and on account of repeated pressure exercised by husband with wife, father of wife availed loan of Rs.50 lakhs and transferred the same to PW10, who admitted the receipt of same towards sale consideration - Evidence tendered by..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff admitted that Government is owner of roof of shop in dispute and he has no right to make alteration/changes thereon - He neither produced allotment letter of suit shop in favour of his predecessor-in-title nor produced his registered sale deed - Since, plaintiff failed to..........
