Will -- Proof of - Execution of Will by testator in favour of his grandson/son of plaintiff to the exclusion of sons and daughters - Sons of testator are well placed in life - Nothing is placed on record that testator was under care and custody of plaintiff - Moreover, if Will was executed due to foul play committed by plaintiff, other siblings would not have unanimously..........
Evidence Act, 1872, Section 61 -- Proof of a document - Document produced by a party - Even when not proved such document can be read against that party...........
Adverse possession -- Burden of proof - Burden of proof rests on the person claiming adverse possession...........
Adverse possession -- Govt. property - Length of possession of respondents calculated on the basis of estimated age of tress on such land - An estimation of age of trees cannot by any stretch termed as sufficient proof required to disturb the title that undisputedly rests with Government - Proper and concrete proof is required to show proof of possession other than..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Legitimacy of daughter is disputed by father - Daughter was born during continuance of marriage between her mother and father and that too within 280 days after their separation - No case of father that mother of daughter has contracted second marriage after separation - Moreover, in the absence of any..........
Evidence Act, 1872, Section 106 -- Burden of proof - Prosecution cannot take recourse of S.106 of the Act without laying any foundational facts...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When contents of documents sought to be produced are not in dispute and their admissibility is also not in doubt, documents can be received in evidence without insisting on formal proof...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife living separately - Proceedings do not contemplate the proof regarding sufficient cause for living separately - Proceedings u/s 125 Cr.P.C. are summary in nature - It is sufficient if negligence or refusal on the part of husband in providing maintenance to wife is demonstrated...........
Adverse possession -- Proof of long standing unauthorized possession can only be a relevant trait for consideration of plea for acquisition of title by adverse possession but cannot be sole criteria - In case of failure to prove adverse possession, any other form of possession howsoever, long, cannot be held sufficient to non-suit plaintiff in his prayer for possession of..........
Agreement to sell -- Specific performance - Readiness and willingness - Mere self serving statement of income without proof of financial resources is not sufficient to prove that plaintiff was ready and willing to perform his part of contract...........
