Evidence Act
Will – No evidence has been produced which proves that the attestation of one of the attesting witness was in his handwriting – Will not proved
Indian Succession Act, 1925, (39 of 1925) Section 69 – Three requirements i) if no attesting witness can be found;...
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COI Art. 21 – It is the duty of the criminal court to allow the prosecution to correct an error in interest of justice.
Constitution of India, Article 21 - The right of the accused to a fair trial is constitutionally protected under Article...
Read moreCrPC, S. 311 – Evidence Act, S. 165 – A criminal court cannot remain a silent spectator – It has got a participatory role to play and having been invested with enormous powers under Section 311 CrPC, as well as Section 165 of the Evidence Act
CrPC, S. 311 - Evidence Act, S. 165 - A criminal court cannot remain a silent spectator - It has...
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Will – No evidence has been produced to prove the signatures of the executant – Finding of the both courts the Will have been proved is erroneous
Evidence Act, 1872 (1 of 1872) Section 68, 69 – Will – Casts an obligation on the propounder to...
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Evidence Act S. 105 – Self defence – Burden of proof rests with the accused who takes up the plea of self defence
Evidence Act, 1872 , S. 105 – Self defence - Burden of proof rests with the accused who takes...
Read moreCPC O. 6 R. 17 – The admission, as such, which was made regarding the relationship was, thus, sought to be withdrawn by way of proposed amendment and a totally new and inconsistent case is sought to be set up and would cause serious prejudice to the plaintiffs and alter the character of action – Not permissible
Civil Procedure Code, 1908 (V of 1908) Order 6, Rule 17 – In the written statement filed, it was admitted...
Read morePartition – Instrument of – Registration – Oral partition – It is well-settled that while an instrument of partition which operates or is intended to operate as a declared volition constituting or severing ownership and causes a change of legal relation to the property divided amongst the parties to it, requires registration u/s 17(1)(b) of the Act, a writing which merely recites that there has in time past been a partition, is not a declaration of will, but a mere statement of fact, and it does not require registration.
Evidence Act, 1872 — Section 91 , Registration Act, 1908 — Section 17, 17(1), 49 - Partition – Instrument of ...
Read moreFamily settlement – The true principle that emerges can be stated thus: If the arrangement of compromise is one under which a person having an absolute title to the property transfers his title in some of the items thereof to the others, the formalities prescribed by law have to be complied with, since the transferees derive their respective title through the transferor. If, on the other hand, the parties set up competing titles and the differences are resolved by the compromise, there is no question of one deriving title from the other
Evidence Act, 1872 — Section 91 , Registration Act, 1908 — Section 17, 17(1), 49 - Family settlement - The...
Read moreFamily settlement – Validity of – Doctrine of validity of the family arrangement to the farthest possible extent
Evidence Act, 1872 — Section 32(3) - Family agreement - Validity of - Doctrine of validity of the family arrangement...
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CPC O. 18 – Evidence – Multiple Defendants – Who will lead evidence first.
CPC O. 18 - So far as the defendants go, the question which of the defendants should begin has not...
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Evidence Act, S. 138 – Cross-examination of witness by defendant .
Evidence Act, S. 138 - Cross-examination of witness by defendant - No person who is arrayed as a party can...
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Evidence Act S. 137 – CPC O. 18 – Order in which the cross examination of the plaintiff’s witnesses is to be conducted
I have gone through the aforesaid three authorities and I find myself to be in agreement with the reasoning given...
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Evidence – Unregistered document – When defendant states that it is forged – Burden of proof
Unregistered document - When the execution of an unregistered document put forth by the plaintiff was denied by the defendants,...
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Evidence – Burden of proof – Party who propounds the document will have to prove it
Evidence – Burden of proof - Party who propounds the document will have to prove it - Plaintiffs came to...
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Court – Fingerprints – Thumb impressions – Expert – Finding by court – Comparison –
Evidence Act, 1872, Section 45, 73 - Fingerprints - Thumb impressions – Expert – Finding by court – Comparison –...
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