Evidence Act, 1872, Section 112 -- Legitimacy of child - Presumption as to - Held, there is a strong presumption about legitimacy of children born out of continuation of valid marriage - Law presumes against vice and immorality - In a civilized society, it is imperative to presume legitimacy of a child born during continuation of valid marriage - S.112 of Evidence Act is..........
Will -- Execution of will - Statement of one of the attesting witnesses of the will, recorded in previous suit tendered into evidence - Scribe and Sub Registrar while appearing in the witness box stated that testator had signed/thumb marked the will in their presence and in the presence of other witnesses and they have also signed the same in their presence and in the..........
Evidence Act, 1872, Section 114 -- Party to the suit not entering into witness box - Attorney examined as a witness - Factum within personal knowledge of defendant himself - It was imperative for defendant to have himself stepped into witness box - Held, on account of non examination of a party as his own witness, very strong adverse inference arises against him...........
Injured witness -- Once presence of a person being gravely injured at the scene of occurrence is not doubtful then his evidence assumes great importance and unless there are strong grounds, the same cannot be rejected on the basis of some minor discrepancies...........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Strong motive to commit murder - No motive for PW1 to implicate the accused in false case - PW1 gravely injured in the occurrence - Her presence at the scene of occurrence beyond doubt - FIR lodged promptly by sole eye witness - Non examination of witnesses who came to the spot after assault not fatal to prosecution..........
Indian Penal Code, 1860, Section 302, 452 -- Murder - Accused allegedly committed murder of deceased - Testimonies of witness that when miscreants came down to courtyard, deceased rushed to roof top of the house and that before the deceased was done to death the inmates including witnesses were kept confined in a room raises strong doubt that they saw accused committing..........
Injured witness -- Deposition of injured witness should be relied upon unless there are strong grounds for rejection of his evidence on the basis of major contradictions and discrepancies therein...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Specified landlord - Bona fide requirement - Landlord wants to shift to India permanently as he was not keeping good health due to cold climate of Canada - Held, need of landlord shall be presumed to be correct - Heavy burden lies on tenant to prove that requirement of landlord is not genuine - Mere assertion on..........
Limitation Act, 1963, Section 5 -- Condonation of delay of 1460 days in refiling the appeal - In order to succeed in the application for condonation of delay in refiling the appeal applicant is required to make out a strong case in his application supported by an affidavit, either of the litigant or a person who knew about the facts of the case, only then applicant could..........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 5 -- Delay in filing objections to arbitration award - Condonation - Period of limitation cannot be extended even by invoking S.5 of the Limitation Act, 1963 - Provision of S.34(3) of the Act is very stringent in its nature and Court cannot extend the time even if appellant has a strong case..........
