Civil Procedure Code, 1908, Order 8, Rule 5 -- 'Denial of allegation' & 'Allegation not admitted' - Distinction - The latter expression means that when the allegations are not admitted by the defendants, the plaintiff to be put to strict proof thereof; whereas in the former expression, the defendant not only requires the plaintiff to prove the allegations, but at the same..........
Consumer Protection Act, 1986, Section 14 -- Alternative remedy - Allegations of fabrication and manipulation of documents made in the complaint - It required elaborate evidence to be produced by both the parties to prove the authenticity or otherwise of the documents on the record - The appellant-complainant rightly relegated to the alternate remedy of approaching the..........
Civil Procedure Code, 1908, Order 21, Rule 99, 100, 101, 102, 103 -- Execution - Decree for possession - Dispossession of a person other than J.D. - Restoration of possession - Application is to be decided like a suit - An opportunity is to be provided to the applicant to prove his case - Unless procedure prescribed for disposal of suit is followed, claim of applicant..........
Railways Act, 1899, Section 123(c), 124A -- Accidental fall down from train and death on spot - Investigating Authority submitted final report narrating the incident - Tribunal not correct in disbelieving said report while rejecting claim of dependants without even considering amended provisions of S.123 - Railway failing to prove that cause of death of deceased falls..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -(As in P&H) - Residential house - Exemption from attachment - Burden to prove is on J.D. that the house or the building attached constitutes residential house and the same is in his occupation...........
Indian Penal Code, 1860, Section 366, 376, 34 -- Rape - Age - Birth certificate or reliable evidence to prove age of prosecutrix not produced - In ossification test approximate age determined between 14.9 and 15.8 years and doctor stated that six months margin could be allowed as such age of victim girl could be upto 16.3 years - Doctor did not found any sign of struggle..........
Hindu Law -- Adoption - Proof - Mere description in settlement record or in any other contemporaneous document is not sufficient to conclusively prove the adoption...........
Indian Penal Code, 1860, Section 84 -- Insanity - Burden of proof - AIR 1984 SC 1563 followed wherein held: (1) Prosecution must prove beyond reasonable doubt that the accused committed the offence with the requisite mens rea and the burden of proving that always rests upon the prosecution (2) There is a rebuttable presumption that the accused was not insane when he..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Passage/road berm - Long user - Adverse possession - Plaintiff having no right, title or interest in the suit property - Municipal Committee also failing to prove its ownership - User by plaintiff for 20 to 25 years - Long user will not clothe the plaintiff with any legal right either to own or possess the suit land..........
Agreement to sell -- Specific performance - Suit for - Oral agreement to sell - Day and date of such agreement not specified - Claim of plaintiff that he was put into possession without executing any document and without paying any advance also not proved - Merely because owner admitted receipt of some money but on different account, it would not shift burden of proof on..........
