Evidence Act, 1872, Section 90 -- Gift deed more than 30 years old - Executant has subscribed her left hand thumb impression on gift deed - Therefore, presumption as is available u/s 90 of the Act could not have been per se made applicable so as to deny the demand for proof of gift deed...........
Evidence Act, 1872, Section 90 -- Gift deed more than 30 years old - Document is in the handwriting of executant - However, original gift deed is not produced before Court by defendant - Plaintiff thus, lost his chance to question the genuineness and veracity of gift deed and parties did not know whether gift deed was in handwriting of executant...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband was able to prove that false FIR was registered by wife against him and his family members and ultimately there was acquittal in the criminal case - Family Court after considering the evidence of husband, AW-2, AW-3 and the judgment of acquittal rightly decided the issue of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife after solemnization of marriage came to matrimonial house only for twice and lived there only for 12-15 days and on being pregnant without informing husband went to her parental house and refused to come back - Even, after having knowledge of divorce case, she did not appear before Court - Wife has..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29 -- Transportation of contraband - Consignment was booked by co-accused/A-1 - No allegation against accused of transporting contraband - Therefore, unless it is proved that accused had supplied the consignment to A-1 or was a part of a criminal conspiracy to commit an offence u/s 22(c) of the Act,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate Commissioner - For determining the physical features of property, an Advocate Commissioner can be appointed but not for verifying and gathering evidence as to who is in possession of property...........
Evidence Act, 1872, Section 58 -- Pleadings - Admission of pleadings - Onus of proving it is discharged...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused not led defence evidence - His statement u/s 313 Cr.P.C. cannot be read as evidence for the purpose of rebutting presumption - Merely pleading not guilty would not suffice to rebut the presumption...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Consideration of proceedings cannot be deferred to a stage after evidence has been led in the main case...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Evidence - Parties can always lead evidence along with application or objections as the case may be for the purposes of S.24 of the Act...........
