Hindu Marriage Act, 1955, Section 19 -- Maintenance - Widow daughter-i, law - Maintainability of application - Specific pleadings and proof by petitioner that she is Hindu and governed by Hindu Law is essential for claiming relief u/s 19 of the Act - Omission of pleadings by parties regarding applicability of Hindu Law, would render the application not maintainable...........
Negotiable Instruments Act, 1881, Section 118, Evidence Act, 1872, Section 101, 102 -- Pronote - Burden of proof - Initial burden is always on plaintiff to prove execution of pronote - Once execution of pronote is proved by plaintiff then statutory presumption available u/s 118 of N.I.Act comes into operation in favour of plaintiff - Defendant may also dislodge statutory..........
Will -- Proof - Will relied on - Absence of specific denial of execution or existence of Will - Question of examining the issue of admissibility of Will pales into insignificance and more so when beneficiary under the Will was not before Court...........
Service -- Recruitment - Cancellation of recruitment process - Large scale tampering of examination process - Scrutiny of answer sheets (OMR) reveled that there were glaring aberrations which provide prima facie proof of occurrence of a large scale tampering of examination process - State in such situation have power to take appropriate action to protect the public..........
Evidence Act, 1872, Section 101 -- Burden of proof - Joint family property - Initial burden lies upon member who alleges that property is joint family property - If initial burden is proved, burden shifts to member of joint family setting up claim that it is his/her personal property...........
Hindu Succession Act, 1956, Section 6(5) -- (as amended) - Partition - An oral partition or a Memorandum recording past partition had always been accepted by Courts, subject to proof - However, benefit of S.6(5) would not be available unless the partition had been effected by a registered deed or a decree of Court...........
Will -- Proof of - Defendant proved the Will in accordance with S.68 of Evidence Act - Will held, proved on record - Even otherwise, genuineness and truth of Will is not challenged by plaintiff, as he only challenged its validity under Hindu Law of Succession...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Court at this stage is not concerned with proof but with strong suspicion whether accused has committed offence, if put to trial, can prove him guilty...........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 113A -- Offence u/ss 306, 498-A IPC - Abetment of suicide - Finding of harassment - Harassment is a lesser degree of cruelty - Finding of harassment does not lead to conclusion that there is `abetment of suicide' in absence of proof that accused subjected the victim to cruelty - In the instant case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 7 kg charas - Non joining of independent witnesses - The harsher is punishment, the more is the strictness of proof required from prosecution - Failing to associate independent witnesses at the time of recovery creates a dent in the case of prosecution...........
