Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Whether contents of document go to prove delivery of possession of property to plaintiff or not is an aspect, which has to be gone into while appreciating aspect of proof of document...........
Wakf Act, 1954, Section 36(f), Wakf Act, 1995, Section 56 -- Restrictions on power to grant lease of wakf property - Eviction - No evidence adduced by respondents to prove that lease in favour of their predecessor in interest was created with previous sanction of Wakf Board, in compliance with relevant provisions of the Act in force at that time - Lease in favour of..........
Punjab Rent Act, 1995, Section 24(3), Evidence Act, 1872, Section 67 -- Eviction - NRI Landlord - Bona fide necessity - Leave to defend - S.67 of Evidence Act has no application at time of deciding question as to whether leave to defend is to be granted to tenant or not - In case, the respondent would fail to prove his "NRI" character before rent controller, during further..........
Punjab Rent Act, 1995, Section 24(3) -- Eviction - NRI Landlord - Bona fide necessity - Leave to defend - Simple challenge of the petitioner to the title of the respondent is not sufficient to grant him leave to defend - Entire burden as on date is upon the landlord to prove his case u/S.24(3) of Act, in which, the petitioner has nothing to contribute - In case, landlord..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal by trial Court - Conviction by High Court - Order of acquittal rightly reversed as presumption was not taken into consideration - Moreover trial Court committed an error in placing heavy burden on the complainant to prove debt - Order of conviction, upheld...........
Indian Penal Code, 1860, Section 365, 376D, 452 -- Kidnapping - Gang rape - Testimony of prosecutrix - Prosecutrix was not sure about number of persons who committed rape upon her - She in her statement did not implicate accused `P' - DNA profiling obtained from vaginal swabs of prosecutrix though matched with DNA profiling obtained from other two accused but not matched..........
Registration Act, 1908, Section 57, 60 -- Registered document - By itself does not constitute sufficient proof of execution of document - However, Ss.57, 60 of the Act states that certified copy and certificate issued by Registrar would constitute sufficient evidence to prove contents of document and to some extent, it is an evidence of due execution of the document...........
Evidence Act, 1872, Section 67, Registration Act, 1908, Section 57, 60 -- As per Ss.57, 60 of Registration Act and S.67 of Evidence Act, mere production of a certified copy of a document registered may not be enough to prove the execution of document - However, it is sufficient to prove contents of document - Certificate issued by Registrar u/s.60 of Registration Act is..........
Will -- Attestation - S.63(c) of Succession Act require an acknowledgement of execution by testator followed by attestation of Will in his presence - Acknowledgement may assume the form of express words or conduct or both, provided they unequivocally prove an acknowledgement on part of testator. (Succession Act, 1925, S.63(c)...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Petitioners who claiming themselves to be legal heirs/legal representative of deceased plaintiff, could not prove his death - Even death certificate of deceased filed by petitioners is forged - Petitioners thus, not entitled for any relief - Application for substitution held,..........
