Civil Procedure Code, 1908, Section 151 -- Additional evidence - To prove valid execution of Will in question - Will set up by plaintiff is a registered Will, execution whereof is admitted by defendant - Court below, thus, ought to have permitted plaintiff to lead additional evidence to prove valid execution of Will in the interest of justice - Moreover, no prejudice is..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for recovery of possession and damages - Defendants claiming delivery of possession - Onus has necessarily to be on the defendants - Defendants to lead their evidence first and if so desire can lead evidence in rebuttal on the issues of which onus is on plaintiff...........
Evidence Act, 1872, Section 3 -- Circumstantial evidence - Last seen evidence - Murder case - Accused was not the only person who was seen with deceased - There was third person who was acquitted by trial Court - Trial Court not gave any reason as to why it believed that third person did not commit murder - Last seen evidence not proved against accused - Prosecution does..........
Evidence Act, 1872, Section 24 -- Circumstantial evidence - Extra judicial confession - Murder case - Number of persons had gone to house of accused and when he was put in fear of police, he made extra judicial confession - Same requires corroboration - More so, recovery of dead body at the instance of accused treated as extra judicial confession by trial Court,..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Continuous and sustained behaviour of a spouse is what makes a ground for divorce - Allegations of cruelty should be specific and duly supported by evidence - Unlike criminal cases, it is the preponderance of evidence which has to be considered...........
Civil Procedure Code, 1908, Order 16, Rule 7A -- Summoning of witnesses - Process fee though paid but witnesses did not turn up - Court should procure the attendance of witnesses by coercive method - Plaintiff cannot be compelled to take dasti summons for witnesses - Evidence of plaintiff cannot be closed for his failure to take dasti summons...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), Indian Penal Code, 1860, Section 409 -- Misappropriation of Government money - Evidence of PW3 and PW6 shows that money was entrusted with accused by PW3 - Accused not disputed the receipts of such amount from PW3 - Though there was delay in making entry of said receipt of amount from PW3 which is about 1 month..........
Indian Penal Code, 1860, Section 364, 302, 34 -- Abduction and murder - Common intention - Circumstantial evidence - Accused convicted on the basis of following circumstances: (i) Motive was against deceased due to his not agreeing to proposal of marriage of co-accused with his daughter; (ii) accused and co-accused both being cousins, knew each other very well; (iii) both..........
Evidence Act, 1872, Section 45 -- Second expert - Report of CFSL - Private expert examined to rebut the report of CFSL - Report of CFSL prevails over the report of private expert - Only the report of another CFSL can possibly rebut said report...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 12(2) -- Second opinion of expert/CFSL on signatures of Will in dispute - Permissibility - Ordinarily at the stage of evidence of plaintiff, Will in question should not be sent for second opinion on request of defendants, as defendants can lead evidence at the stage of defendant's evidence to rebut the report -..........
