Evidence Act, 1872, Section 134 -- Number of witnesses - No particular number of witnesses is required for proof of any fact - Merely because no independent witness has been examined, evidence of witnesses of fact cannot be discarded - Quality of evidence and not quantity of evidence is material...........
Arbitration and Conciliation Act, 1996, Section 5, 16 -- Void agreement - Arbitration clause - Concept of severability - Held, arbitration clause survives even if main contract is void - Court can refer disputes to arbitration - Court ought to decline reference to arbitration only where Court can reach conclusion that contract is void on a meaningful reading of contract..........
Dissolution of Muslim Marriages Act, 1939, Section 2(ix), 4 -- Dissolution of marriage - Proof of apostasy - Wife made public declaration of re-embracing Hinduism and produced certificate from organization which facilitated it - She reiterated this factum in plaint and deposed so in affidavit in petition - Held, no further proof is required, nor indeed could be led in..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Proof - Held, in case of a conspiracy, there cannot be any direct evidence - Express agreement between parties cannot be proved - Circumstances proved before, during and after occurrence have to be considered to decide about complicity of accused - Such a conspiracy is never hatched in open and, therefore,..........
Service -- Master and servant relationship - Proof - NALCO - Schools have their own independent Managing Committees registered under Societies Registration Act - Managing Committees not only recruit teaching and other staff but all other decisions in respect of their service conditions are also taken by Managing Committees - Day to day control over staff is that of..........
Evidence Act, 1872, Section 106 -- Murder - Burden of proof - No clear and clinching evidence that in the night of incident accused was living in house of deceased persons - Burden of proof as contained in S.106 Evidence Act is not upon accused but on prosecution - Prosecution failed to discharge its burden - Accused acquitted...........
Evidence Act, 1872, Section 11 -- Plea of alibi - When accused takes plea of alibi same is required to be proved by him with absolute certainty so as to completely exclude his presence at the place and time of occurrence - In instant case, plea of alibi could not be proved as appellants were last seen with deceased, thus burden of proof rested upon them to prove what had..........
Indian Penal Code, 1860, Section 498A, 302, 34 -- Cruelty - Dowry death - Common intention - Plea of suicide - Appellants contented that deceased committed suicide, if that was so, why did the appellants themselves not inform the police about unnatural death of deceased - External injuries inflicted upon deceased were inconsistent with theory of suicide - Onus of proof was..........
Criminal Procedure Code, 1973, Section 205, 317, 482 -- Exemption from personal appearance - Offence u/ss 406 & 120-B IPC - Petitioners seeking exemption from person appearance on the ground of old age and suffering from ailments as they are not in a position to reach Court on account of distance from their residence - Petitioners failed to produce any documentary proof..........
Indian Penal Code, 1860, Section 304(Part II), 302 -- Murder or culpable homicide not amounting to murder - Proof - Lands of accused and deceased situated nearby - Sudden quarrel between parties over sharing of water - Accused persons, seven in number, assaulted deceased in heat of passion - Evidence on record shows that accused gave blows with lathi on legs and fists..........
