Evidence Act, 1872, Section 45, 73 -- Expert opinion - In the first place expert opinion should be obtained for assistance, if such an opinion is not available, Court has to compare the disputed writings and come to its conclusion...........
Bharatiya Sakshya Adhiniyam, 2023, Section 109 -- Burden of proof - If party with special knowledge fails to provide sufficient evidence, Court may draw an adverse inference against them...........
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...........
Evidence Act, 1872, Section 90 -- 30 years old document - Presumption - Mere age of document is not a conclusive proof of its due execution - At least a prima facie proof is necessary to show that document is 30 years old for raising presumption u/s 90 of the Act, though it is rebuttable presumption...........
Protection of Children from Sexual Offences Act, 2012, Section 11(1), 12, Indian Penal Code, 1860, Section 509 -- Sexual harassment - Prima facie ingredients of offences in question have been made out by prosecution - Question as to whether accused had required sexual intent is a matter of evidence and the same will be available during trial alone - Discharge application..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Presumption - Plaintiff discharged his initial burden by examining scribe of promissory notes, as there are no attestors to promissory notes - Evidence of scribe well supports the case of plaintiff - To rebut the evidence of plaintiff, defendant except examining herself did not produce any evidence -..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiffs failed to plead specifically with details about the restriction said to have been imposed by State on registration of sale deeds relating to similar survey numbers and revenue sites - They even failed to get the sale deed executed within three months as per agreement - Even before filing a..........
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 25, 26 -- Confessional statements - Recorded by Police Officers which are part of charge sheet must be ignored and cannot remain a part thereof...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission when clear and not withdrawn, is a good and material source of evidence to rely upon to decide a fact in issue...........
Evidence Act, 1872, Section 45 -- Expert opinion - Sending blood stained clothes, sword and other material which were used to inflict injuries to FSL and to obtain a report on the same - Application being in the nature of adducing evidence has to be filed at the stage of prosecution evidence before Sessions Court - Dismissing application on the ground that same ought to be..........