Will -- Proof - Defendant pleaded that testator had no right to execute the Will and he did not execute the Will with a sound mind - Will was thus admitted document which was not even required to be proved by plaintiff - Even if it is assumed that same was required to be proved, S.68 of Evidence Act does not apply - As it was proved on record that neither executant nor..........
Will -- Proof - Neither executant nor attesting witnesses were alive - Will was admitted document on record - Presumption u/s 90 of Evidence Act was most plausible recourse and rightly adopted by Courts below...........
Evidence Act, 1872, Section 90 -- Will 30 years old - Will being more than 30 years old is not in dispute and same has been placed on record by plaintiff in whose custody it ought to have been - Presumption u/s 90 Evidence Act was most plausible recourse and the same was rightly adopted by both the Courts below...........
Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Conviction - No evidence has been deposed regarding sexual intercourse - The prosecution failed to prove, beyond all reasonable doubts, the fact that the victim was minor as on the date of occurrence - No effort was made by the prosecution to establish the..........
Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Conviction - No evidence has been deposed regarding sexual intercourse - The prosecution failed to prove, beyond all reasonable doubts, the fact that the victim was minor as on the date of occurrence - No effort was made by the prosecution to establish the..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Is never treated as substantive piece of evidence it can only be used for corroborating and contradicting its maker when he appears in the court as witness ...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Is never treated as substantive piece of evidence it can only be used for corroborating and contradicting its maker when he appears in the court as witness ...........
Will -- Attestation - As per Will and evidence of one of the attesting witness he signed the Will two days prior to execution of Will - Other attesting witness not examined - Will not proved - No probate thus can be granted...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - None of the eye witnesses stated that all accused persons had come with a common object of committing murder and assaulting injured PW2 - It is also not stated by any of the eye witnesses that there were any utterances by one or many or all the accused that they must eliminate the deceased and cause injuries to..........
Evidence Act, 1872, Section 58 -- Admission - Fact admitted need not be proved, as S.58 of the Act dispenses with proof of an admitted fact...........
