Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Burden of proof - Murder - Deceased and accused used to reside in same house - Prosecution has not brought forward any evidence which could at least establish the fact that at the time of occurrence, accused was inside the house - Prosecution thus, failed to discharge its burden to prove case beyond..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Proceeding u/s 125 Cr.P.C are summary in nature - Strict standard of proof of marriage is not necessary u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - In proceedings u/s 125 Cr.P.C only prima facie proof of marriage was required to be seen - Claim of husband that there is no marriage in the eyes of law is required to be declared by a competent Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Wife proved by cogent evidence that she is legally wedded wife of husband and her son is the son of husband - Husband denied the paternity of son, however he refused to undergo DNA test - Wife on the other hand led sufficient evidence to prove that husband had access to wife - There..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Posting of letter of appointment for job on social media by wife, which she later claims to be fake, is not sufficient to make out a case with regard to employment of wife, particularly when there is no concrete proof of actual employment...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - No positive, cogent and any reliable evidence placed on record against accused by prosecution to prove its case against them - Grave suspicion cannot take place of proof - Accused acquitted...........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - Partition suit - Initial burden is on plaintiff to show that suit property was a joint family/ancestral property - After initial discharge of burden, it shifts on defendant to show that property claimed by him was not joint family/ancestral property...........
Transfer of Property Act, 1882, Section 123 -- Registered Gift deed - Deceased executed registered gift deed in favour of her daughter/defendant out of love and affection, as she was taking care of deceased during his old age - Execution and registration of gift deed in favour of defendant is not disputed - There is presumption that a registered document is validly..........
Hindu Marriage Act, 1955, Section 8, 5 -- Marriage certificate issued by Arya Samaj - Has no statutory force - In the absence of a valid marriage, marriage certificate of Arya Samaj is not proof of a valid marriage...........
Evidence Act, 1872, Section 68, 71 -- Will - Attestation - When both the witnesses turned hostile by denying due attestation, propounder who is bound to prove the Will in accordance with the mandate u/s 68 of the Act, would stand reverted back to the normal rule of proof of a document in contrast with the requirement of S.68 of the Act for which legislature has..........
