Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 68 -- Sale deed - Proof - Attesting witnesses are not required to be examined to prove sale deed...........
Protection of Children from Sexual Offences Act, 2012, Section 10 -- Aggravated sexual assault - Accused was found sitting by side of victim who was lying in naked condition - Surrounding circumstances like accused having taken victim to house of PW3 when she was not present, pulling down her pant, making her naked amply prove culpable mental state of accused - Court thus,..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Prosecution examined two witnesses, but they not supported case of prosecution and were declared hostile - Solitary statement of PW4/brother of deceased is vague, lacks particulars and support from any other evidence and is not sufficient to prove ingredients necessary to constitute offence of..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Plaintiff seeking to prove agreement to sell by way of secondary evidence - Earlier an application was filed by defendant asking plaintiff to produce original agreement to sell wherein plaintiff stated that original is not traceable and as and when it was traced, same would be produced - However, plaintiff now in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Once the demand notice is admitted in evidence without objection, it is not necessary to prove its contents...........
Will -- Execution - Will executed in the year 1954 and more than 67 years elapsed - Plea that there is no requirement to prove the execution of Will as presumption in favour of execution of Will is there u/s 90 Evidence Act is fallacy and has no merit...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Forged and fabricated Will - Accused filed civil suit for permanent injunction claiming relief of the basis of Will - In such suit burden will be on plaintiff to prove genuineness of Will to claim the relief - However, that does not prevent defendant/complainant to initiate criminal proceedings on the..........
Prevention of Money Laundering Act, 2002, Section 3, 4 -- Offence u/ss 3, 4 of the Act - Quashing of proceedings - FIR with respect to schedule offence registered by CBI with respect to proceeds of crime including property attached has been closed due to lack of evidence - Chances to prove allegations even for the purpose of provisions of PMLA in Court are bleak -..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plaintiff claiming sole ownership and exclusive possession over plot and defendants claiming it to be property of joint family - Concurrent finding of two Courts below that plaintiff has failed to prove the plot as his self earned property or in his exclusive and sole possession - Plot in question..........
Evidence Act, 1872, Section 101, 102, 103 -- Plaintiff to prove his case by adducing cogent evidence and weakness of defendant is not a ground to allow plaintiff's suit...........
