Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - No document, affidavit or income proof filed to indicate that wife is engaged in any gainful employment or possesses any financial resources of her own - Mere bald assertions made by husband cannot substitute evidence, especially in maintenance proceedings and sustenance of wife and child who are unable to..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - In the absence of cogent proof of wife being gainfully employed or earning a sufficient income to maintain herself, bald allegation that wife is earning through private tuitions, without any documentary proof does not disentitle her from getting an award of interim maintenance...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Guidelines issued by any State Legal Services Authority of High Court are not binding either on High Court or on MACT to determine just and fair compensation - Such guidelines would apply as guiding factor in cases where proof of income is not available and ordinarily to decide the cases in Lok Adalat...........
Evidence Act, 1872, Section 58 -- Admission - Joint family property - When defendant categorically admitted in her evidence that property in question is purchased by donor from joint family income, no further proof is required that suit property is joint family property...........
Bharatiya Sakshya Adhiniyam, 2023, Section 109 -- Burden of proof - Maintenance proceedings - Income - Respondent is bound to disprove his alleged income - If he fails or refuses to furnish germane evidence/details regarding it, which is within his special knowledge then a valid presumption may lie against him...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Even in the absence of definite proof of income, social status of deceased is to be kept in perspective where such persons are employed in unorganized sector and notional income in any event is required to be taken into consideration...........
Agreement to sell -- Specific performance - Readiness and willingness - Mere self serving statement of income without proof of financial resources is not sufficient to prove that plaintiff was ready and willing to perform his part of contract...........
Evidence Act, 1872, Section 101 -- Burden of proof - Partition suit - Initial burden of proving suit property to be joint family property is on plaintiffs - Therefore it is for plaintiffs to prove through oral and documentary evidence that suit property was purchased out of joint family income...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Salary certificate and pay slip of deceased was produced on record - Said documents are conclusive proof of income of deceased and were also corroborated by statements of deceased's wife and his co-workers - View taken by High Court while rejecting said documents merely on the ground..........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity of plaintiff - Mere oral statement made by plaintiff cannot be taken as proof of his financial capacity, in the absence of any documentary evidence in the shape of any account book, pass book, statement of accounts, any other negotiable instrument or any income tax record...........
