Evidence Act, 1872, Section 65 -- Secondary evidence - Exact status of documents in question cannot be ascertained as one party claims that other has said documents and other has allegedly stated that it was with her counsel - However, said documents could not be recovered from said counsel as per records - In such situation, presentation of secondary evidence can be..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff led in evidence records of rights in an attempt to establish his title - Such records would not counter the proof of occupancy rights furnished by defendant - Plaintiff failed to produce a single document of title in respect of suit property - Burden of proof..........
Will -- Registration - Mere registration of Will does not attach to it a stamp of validity and it must still be proved in terms of legal requirements as provided u/s 63 of Succession Act and Ss.68, 69 of Evidence Act...........
Will -- Proof - For the purposes of S.69 of Evidence Act, it is not enough to merely examine a random witness who asserts that he saw attesting witness affix his signature in the Will. (Evidence Act, 1872, S.69)...........
Will -- Suspicious circumstance - Scribe of Will categorically stated that instructions for scribing it were given by some other woman and not testatrix - Whereas, PW1 stated that it was testatrix herself who had given such instructions - Neither of attesting witness of Will examined before trial Court in compliance of S.68 of Evidence Act - Will held, not proved...........
Will -- Exclusion - Own grandson excluded - A passing sentence in the Will that he became uncaring towards her and was placing her in difficulties is not sufficient to explain total disinheritance of a grandson within a few months of performing his marriage - More so, when witnesses evidence confirmed that he was with her and was on amicable terms throughout...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Registered adoption deed - Mere registration of adoption deed did not absolve the person asserting such adoption from proving that fact by cogent evidence and person contesting it from adducing evidence to contrary...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Registered adoption deed - PW1/guardian of adopted child was not present at adoption ceremony - There is no clinching evidence that woman in photographs was in fact adoptive mother - No convincing evidence of actual giving and taking of child in adoption - Purohit stated that adoption ceremonies were..........
Agreement of re-conveyance -- Specific performance - It is implicit that plaintiff has to accept the title of defendant - However, in the instant case plaintiff in his pleadings and in his evidence has taken the plea that defendant has no right, title and interest in the suit property - Considering the frame of suit and stand taken by plaintiff in plaint and in evidence,..........
Indian Penal Code, 1860, Section 302, 307, 148, 149 -- Murder - Testimony of PW5 and PW6 - PW5 in her evidence not mentioned about accused and she only states that third person had fired a gun shot which had injured her leg - Evidence of PW6 is disbelieved by trial Court qua co-accused - When trial Court disbelieved the testimony of PW5 and PW6 qua co-accused, it could not..........
