Evidence Act, 1872, Section 114, 91 -- Assessment of income tax returns - Presumption of truth is attached to them though it is rebuttable - Presumption cannot be rebutted by oral evidence only - S.91 of Evidence Act enjoins that in the face of documentary evidence, oral evidence is normally excluded from consideration - In the absence of nothing to disprove the income tax..........
Hindu Marriage Act, 1955, Section 25 -- Maintenance - Assessment of income on the basis of income tax returns - Income tax returns that have been produced are documents of assessments by the income tax authorities - Presumption of truth attaches to them though it is rebuttable but it cannot be rebutted by oral evidence only - S.91 of Evidence Act enjoins that in the face..........
Evidence Act, 1872, Section 92 -Once the contents of the document are clear, oral evidence to contradict the same cannot be adduced...........
Transfer of Property Act, 1882, Section 106 -- Eviction - Nature of tenancy - Evidence of - Held, tenancy can be written as well as oral - For ascertaining nature of tenancy, dimensions of rented premises and other terms of tenancy, primary evidence is rent deed or instrument of tenancy - In present case, besides rent deeds, appellants have also not produced any rent..........
Civil Procedure Code, 1908, Section 151 -- Restoration of suit dismissed as withdrawn on account of oral compromise between the parties - Withdrawal of suit without permission to file on the same cause of action may be by mistake or the wrong advice of counsel - Held, when situation is such, then Court is not powerless to order restoration specifically when no prejudice..........
Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 113B -- Dowry death - Conviction - Validity - Continued demand of Rs.50,000/- and one sewing machine - Victim also sent letter indicating renewal of such demand - Prosecution has established demand of dowry, torture and unnatural death of deceased within one year..........
Evidence Act, 1872, Section 35, Registration of Births and Deaths Act, 1969, Section 17(2) -- Determination of age - Entry in school register - Relevant - Held, entry made in school register about date of birth needs to be treated as relevant - When such entry was made before starting of dispute, many years prior to commission of offence and when entry is proved by giving..........
Indian Penal Code, 1860, Section 376 -- Rape - Delay of 5 days in lodging complaint - Except sister-i, law of complainant, no other witness to the incident and no other material evidence on record - Medical report indicating some scratch marks or bruises which may be several days old - Held, only on the basis of certain bruises and scratches on the body of complainant, it..........
Hindu Marriage Act, 1955, Section 12 -- Annulment of marriage - Non consummation of marriage due to impotency of husband - Nothing elucidated from oral evidence of wife to discard her testimony about impotency of husband - Husband did not take any steps to get him medically examined by competent medical officer to prove that he was not impotent - Marriage not consummated..........
Evidence Act, 1872, Section 65(c) -- Secondary evidence - Provision specifically stipulates that secondary evidence includes oral account of contents of a document given by some person who has himself seen it - Held, oral evidence is admissible as secondary evidence on satisfying the requirements of the provision...........
