Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity - Mere fact that bank has assessed financial capacity of plaintiff while granting loan earlier in respect of another property is not sufficient to discharge of proof of financial capacity in facts of the case to hold that plaintiff was ready and willing to perform her part of..........
Mutation -- Confers no title and is only for fiscal purpose - Entries are only one of modes of proof of enjoyment of property - When properties devolved by modes other than by written instruments like sale deed, gift deed, Will etc., then Court can definitely take aid of revenue record and rely on mutation entries for a limited purpose to determine possession and to..........
Civil Procedure Code, 1908, Order 19, Rule 1, Evidence Act, 1872, Section 3 -- Affidavit - Evidence by way of affidavit - An affidavit can be termed to be an evidence within the ambit of S.3 of Evidence Act only in those cases where the same is filed at the instance or under the direction of the Court or where law specifically permits for proof of anything by affidavit...........
Indian Penal Code, 1860, Section 302, 201, 120B -- Murder - Material witnesses except PW8 not supported prosecution case - However, PW8, named accused only on basis of suspicion - Suspicion how-so-ever strong cannot take place of proof - Statement of PW8 is not corroborated by any other evidence on record - Prosecution failed to prove its case - Accused rightly acquitted...........
Constitution of India, 1950, Article 226 -- Tender - Rejection of techno-commercial bid - Judicial review - There is no proof that petitioner producing valid experience certificate as required under Clause 1.1.2 of the tender conditions therefore, tender of petitioner could not pass through technical bid - Act of Railways not arbitrary - No need of judicial review -..........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Fraud - Pleading and proof - A person who seeks to set aside a document or a judgment and decree on ground of fraud has to plead facts constituting fraud and has to prove those allegations akin to a criminal charge beyond shadow of reasonable doubt...........
Will -- Proof of - Attesting witnesses of Will examined in Court - PW4, attesting witness of Will stated that Will was written as per dictates of testatrix - Testatrix signed the Will in presence of PW4 and thereafter attesting witnesses had signed Will - Another attesting witness also stated on similar lines - Will held, proved...........
Assam Urban Area Rent Control Act, 1972, Section 5(1)(e), 5(4) -- Rent and eviction - Non-payment of rent - Burden of proof - Usually it is the burden of landlord to show as to when rent becomes due and tenant`s burden is to show that he has paid rent or deposited same in Court within fortnight of its becoming due in order to get protection from being evicted...........
Evidence Act, 1872, Section 45 -- Expert opinion - Court must be cautious while evaluating expert evidence, which is a weak type of evidence and not substantive in nature - It may not be safe to solely rely upon such evidence - Court may seek independent and reliable corroboration in the facts of a case - Generally, mere expert evidence as to a fact is not regarded as..........
Electricity Act, 2003, Section 126 -- Assessment u/s 126 of the Act - Strict proof like in criminal case is not necessary for assessing liability u/s 126(1) of the Act...........
