Medical Council of India Act, 1956 -- Error of judgment or an accident is not proof of negligence - So long as doctor follows a practice acceptable to the medical profession of the day, he cannot be held liable for negligence merely because a better alternative course was available - A professional may be held liable for negligence if he does not possess the requisite..........
Evidence Act, 1872, Section 101, 102, Prevention of Money Laundering Act, 2003, Section 24 -- Burden of proof - Offence under PML Act - Shifting onus on accused affords him opportunity of establishing his innocence and clarify source of his property - Once offender is able to establish source of his property, then prosecution is required to discharge its burden - Hence,..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Provision gives a party a right to interrogate with a view to obtaining an admission from opponent of everything which is material and relevant to the issue raised on the pleadings - Object is to obtain an admission from the opponent which will make the burden of proof easier than it otherwise would have..........
Will -- Execution - Proof - One of attesting witness admitted that he was not present at the time when Will was signed by testator and other attesting witness - Other attesting witness not examined - Execution of Will thus, not proved in accordance with law - Will ought not to have been admitted in evidence being not proved...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff has to prove his case - This principle has to be complied with more rigor, when it comes to compliance of S.16(c) of the Specific Relief Act - An averment satisfying the provision with an element of clarity is a sine qua non - Such an averment backed with proof and such a proof has necessarily to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Standard of proof of fact is deduced on basis of preponderance of probabilities and parties need not prove fact beyond reasonable doubt - It is overall conduct of parties during the period that they have lived together and period subsequent thereto which is relevant for arriving at conclusion...........
Adverse possession -- Proof of - Limitation - For establishing ownership by way of adverse possession, defendant has to plead and prove that from which date their possession becomes adverse - In the instant case, defendants were in litigation with predecessors of plaintiff upto year 1997 when appeal was dismissed and suit for possession was filed within a period of less..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Weapon of offence - Proof of - Accused was armed with a `Kirch' - All six injuries found on the person of injured described a lacerated wounds inflicted with a `Kirch', which is a sharp edged weapon - Testimonies of both injured witnesses are consistent regarding occurrence - Said witnesses cannot be termed as..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Evidence Act, 1872, Section 101, 102 -- Criminal misconduct - Assets disproportionate to known source of income - Burden of proof - Primary burden to bring home charge of criminal misconduct is on prosecution - It is only on discharge of such burden by prosecution, if accused failed to satisfactorily account for..........
Evidence Act, 1872, Section 102 -- Burden of proof - Joint property - Plea of partition - Suit for permanent injunction - Defendant purchased property from son of plaintiff/co-sharer, who had no exclusive right, title and interest over property - Plea of partition taken by defendant that property is already partitioned between plaintiff and his sons including his vendor -..........
