Evidence Act, 1872, Section 65 -- Will - Secondary evidence - Photocopy produced on record - Sufficient basis to show existence of document and loss made out - Permission granted to prove Will by way of secondary evidence - However, despite permission to lead secondary evidence it is always open to the parties to argue about the value to be attached to such evidence...........
Identification in Court -- Much evidentiary value cannot be attached to the identification of the accused in Court where identifying witness is a total stranger who had just a fleeting glimpse of the person identified or who had no particular reason to remember the person concerned, if the identification is made for the first time in Court...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, 19 -- Legal liability of mother-in-law to maintain her daughter-in-law - In view of provisions of Ss.18 & 19 of the Act there is statutory liability of the husband to maintain his wife and on the death of the husband, this liability is of the father-in-law - Mother-in-law cannot be fastened with any legal liability to..........
Criminal Procedure Code, 1973, Section 82, 85 -- Rights of third party - If property of accused is attached and sold it vests with the State - It cannot be a subject matter of execution of a decree - Third party has no right, title or interest in the same - Decree obtained by third party cannot be executed against that property...........
Evidence Act, 1872, Section 9 -- Identification of accused - For the first time in Court - Much evidentiary value cannot be attached to the identification of the accused in Court where identifying witness is a total stranger who had just a fleeting glimpse of the person identified or who had no particular reason to remember the person concerned, if the identification is..........
Service -- Termination - Probationer - Power lies with the Appointing Authority which is at liberty to terminate the services of a Probationer if it finds the performance of the Probationer to be unsatisfactory during the period of probation - Unless a stigma is attached to the termination or the Probationer is called upon to show cause for any shortcoming which may..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Validity of order of attachment - Court considering objections as to the validity of an order of attachment exercises jurisdiction U.O.21.R.58 CPC and is therefore, required to decide all questions, including questions relating to any right, title or interest in the property attached - Adjudication..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Admission - It is discretion of Court to pass a judgment on admission - Such relief cannot be claimed as a matter of right - An admission is not conclusive of matters stated therein - It is only a piece of evidence, the weight to be attached to which will depend on the circumstances it was made - It can be explained - It can..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Dowry death - Father of victim turned hostile - Solely on basis of dying declaration accused convicted relying on maxim that man will not meet his Maker with a lie in his mouth - Great solemnity and sanctity, therefore, is attached to the words of a dying man - A person on the verge of permanent..........
Service -- Termination - Respondent working as a peon attached to the Public Prosecutor - Law Department of the Government - Not an industry. (Industrial Disputes Act, 1947, Ss.2(s), 25(g)...........
