Bharatiya Nagarik Suraksha Sanhita, 2023—Sections 438 and 442—Criminal Revision Against Conviction Under Foreigners Act, 1946—The petitioner, A.4, challenged the judgment passed on 26.9.2024, where the appellate court modified the conviction related to the Foreigners Act, 1946—The petitioner was initially convicted under Section 14-A and Section 5 r/w Section 14-A for aiding illegal immigration—The case stemmed from the detention of the petitioner and others, who had entered India illegally from Myanmar through Bangladesh—The petitioner contended that the evidence was insufficient and cited the validity of his identity card issued by the UNHCR—The prosecution argued that the petitioner had entered India without the necessary documents and had assisted others in migrating illegally—Despite th...

Narcotic Drugs and Psychotropic Substances Act, 1985—Section 52A—Mere non-compliance of the procedure under Section 52A or the Standing Order(s) / Rules thereunder will not be fatal to the trial unless there are discrepancies in the physical evidence rendering the prosecution’s case doubtful, which may not have been there had such compliance been done—Courts should take a holistic and cumulative view of the discrepancies that may exist in the evidence adduced by the prosecution and appreciate the same more carefully keeping in mind the procedural lapses—The procedure prescribed by the Standing Order(s) / Rules in terms of Section 52A of the NDPS Act is only intended to guide the officers and to see that a fair procedure is adopted by the officer in-charge of the investigation, and as such what is required is ...

Delhi Excise Act, 2009—Sections 33—The revisionists in a Delhi court case seek to challenge a judgment passed by the Principal District and Session Judge in the case of FIR No. 309/2016—The trial court convicted the revisionist/Dolly and revisionist/Pawan under Sections 52/33 of the Delhi Excise Act and Section 5/180 MV Act—They were sentenced to RI for nine months and fines—The revisionists, Dolly and Pawan, appealed the convictions—The prosecution claimed that on 08.07.2016, a car was stopped at Gopalpur red-light and 22 boxes containing illicit liquor were recovered from its boot—The revisionists' counsel argued that the revisionists were innocent and that the prosecution failed to prove the recovery beyond reasonable doubt—They argued that the case property was not the same as shown ...

Bombay Rent Act, 1947—Section 15A—The Court clarified that for a licensee to be considered a 'protected tenant,' they must have exclusive possession of the entire premises as of 1 February 1973—If multiple licensees share a room, none can acquire the status of a 'deemed tenant.' Regarding the burden of proof, the Court emphasized that if a defendant claims to be a sub-tenant, they must prove exclusive possession of the premises—It was also ruled that evidence outside the pleadings is inadmissible unless foundationally pleaded—The failure to challenge the assignment of tenancy rights weakens a defendant's claim, and an ex-parte decree becomes final if an application to set it aside is dismissed—The Court further clarified that res judicata does not apply to issues decided based on the...

Foreigners Act, 1946—Section 9—Foreigners—Proof of—Opinion of Tribunal—Minor discrepancies in appellants documents—Their authenticity is not in doubt—In considered opinion of Supreme Court, same would further in wrong, and being an ignorant person—He, truthfully and faithfully produced official records as they were in his possession—Supreme Court does not see any attempt by appellant to get his official records prepared meticulously without any discrepancy—Conduct of an illegal migrant would not be so casual—In peculiar facts of case, Supreme Court would request Foreign Tribunal, Nalbari, to examine documents filed by petitioner—On basis of which petitioner is claiming that he is not a foreigner but a national of this country—List matter after four months—...

(A) Negotiable Instruments Act, 1881—Section 138—Cheque dishonour—Appeal against acquittal— Accused's defense of stopping payment and legal notice cautioning against misuse of blank cheques upheld, complainant's failure to prove financial capacity reinforces accused's position—Through the oral and documentary evidence placed on record as well as through the cross-examination of complainants, the accused has proved his defence through preponderance of probabilities—The impugned judgment of acquittal is affirmed. Para 33 to 35) (B) Negotiable Instruments Act, 1881—Section 138 and 139—Cheque dishonour—Financial capacity of complainant—Burden of proof on financial capacity of complainant shifts to accused after failure to reply to legal notice at first instance—I...

Indian Succession Act, 1925—Section 63, Section 63(c)—Evidence Act, 1872—Section 68—Partition decree —insufficient evidence—This seems to be a legal document discussing a case related to the partition of properties—The document outlines the arguments presented by both sides and the judgments made by the trial court and the appellate court regarding the validity of a will (Ext.B7) and its impact on the partition of properties among the parties involved—Defendants 4 and 5 are contesting the partition on the basis of a will purportedly executed by P.R.Natarajan, which they claim entitles them to a larger share of the property—However, the trial court and the appellate court found the evidence regarding the execution of the will to be insufficient and surrounded by doubtful circumstances&m...

(A) Negotiable Instruments Act, 1881 (NI)—Sections 138 and 139—Dishonour of cheque—Appeal against acquittal—When the accused provides evidence convincing the court that there is no debt or liability as claimed in the complaint, the burden of proof shifts to the complainant—The complainant is then obligated to prove the existence of the debt as a matter of fact, and if they fail to do so, their complaint may be dismissed—Importantly, once this shift occurs, the presumption under Section 139 of the Negotiable Instruments Act no longer supports the complainant. (B) Negotiable Instruments Act, 1881 (NI)—Sections 138 and 139—Dishonour of cheque—Appeal against acquittal—Once both parties present their evidence, the court must evaluate it, and the burden of proof loses significance&m...

(A) Death by poisoning with aluminium phosphide, the appellants, the husband and mother-in-law of the deceased, claimed that the presence of aluminium phosphide in the deceased's viscera could be attributed to the medicines she took for her heart ailment—However, this theory of defense was deemed absurd by the court—Aluminium phosphide is primarily used as a fumigant to control pests in food grains and fields, and the court found it highly unlikely that medicines, even in high dosages, could lead to the formation of aluminium phosphide in the body—Consequently, the court inferred that the accused husband had procured aluminium phosphide, either in liquid or tablet form, and administered it to the deceased. (B) Evidence Act, 1872 Section 106, Section 103—Murder case, the deceased was brought to Delhi by ...

Penal Code, 1860 (IPC)—Section 302—Evidence Act, 1872—Section 106—Murder—Burden of proof—petitioner, accused of murder, challenged the High Court's decision confirming his conviction—The case relied on circumstantial evidence, with the petitioner last seen with the victim—The courts found him guilty based on this evidence, and the Supreme Court upheld the verdict, emphasizing the importance of offering a reasonable explanation when last seen with the victim. ...

Penal Code, 1860 (IPC) ,S.34 | S.302 - Juvenile Justice (Care and Protection of Children) Act, 2000- S.15 | S.16 - Arms Act, 1959- S.27 - Evidence - Burden of Proof to establish plea of alibi - Burden on the accused is rather heavy and he is required to establish - burden of establishing the plea of alibi lay upon the appellants and the appellants have failed to bring on record any such evidence which would, even by reasonable probability, establish their plea of alibi. The plea of alibi in fact is required to be proved with certainty so as to completely exclude the possibility of the presence of the accused at the place of occurrence and in the house which was the home of their relatives. ...

Hindu Succession Act, 1956—Section 14(1)—Indian Succession Act, 1925—Section 63—Indian Evidence Act, 1872—Section 68—Will—Burden of proof—Partition and maintenance property—In this case, the plaintiff challenged the validity of a Will dated 19/2/2010, executed by his mother, Rudramma, concerning property allotted to her under a family partition for maintenance—The defendants, including the Will's beneficiary, argued that Rudramma had absolute ownership under Section 14(1) of the Hindu Succession Act and could dispose of the property through the Will—While the trial court upheld the Will, the first appellate court found suspicious circumstances and invalidated it—The High Court affirmed this, holding that the defendants failed to prove due execution under Section 6...

Evidence Act, 1872 - Section 106—Preparation and assembly for dacoity— Witness testimonies established that the appellant was found at a remote location with co-accused, possessing black masks and other items— However, the court noted that mere assembly and possession of potentially incriminating articles did not suffice to prove intent to commit dacoity— Drawing on the precedent set in Chaturi Yadav v— State of Bihar, the court emphasized the prosecution's burden to demonstrate that the assembly was solely for dacoity and not for other purposes— The court found that the evidence fell short of establishing a prima facie case, leading to the conclusion that the conviction could not be sustained— Consequently, the appeal was allowed, the conviction and sentence set aside, and the appellant acqui...

Indian Penal Code, 1860 (IPC)—Section 302—Conviction based on circumstantial evidence—Applicability of Section 106 of the Indian Evidence Act, 1872—Burden of proof—Where conviction for murder was based solely on circumstantial evidence, the appellate court held that the presumption under Section 106 of the Evidence Act could not be applied unless the prosecution first established a complete chain of circumstances beyond reasonable doubt—The incident occurred within the matrimonial home, but the prosecution failed to prove exclusive access of the appellant-accused or establish clear motive—Inconsistencies in medical evidence and lack of a reliable dying declaration further weakened the case—The appellate court ruled that mere presence in the matrimonial home does not automatically shift the...

Evidence Act, 1872—Section 74, Section 76—Burden of Proof—Review of Court's Judgment—Public Documents—Citizenship—National Register of Citizens (NRC)—In this case, the petitioner sought review of a High Court judgment affirming her classification as a foreigner who entered Assam after 25.03.1971, following a tribunal's decision—The petitioner presented voter lists and linkage certificates to prove her citizenship, contending these were public documents under Sections 74, 76, 78, and 90 of the Evidence Act, 1872, requiring no further proof—She argued that her siblings’ names in the Final NRC supported her case—The High Court dismissed the review, holding that the tribunal's finding takes precedence over NRC entries (citing Abdul Kuddus v. Union of India)—Ad...

Indian Penal Code of 1860 (IPC) — Sections 34, 302, and 201—Particularly and the Evidence Act of 1872, Section 106, are central to the case involving murder. The burden of proof is a critical aspect. The appellant's conviction primarily hinges on the recovery of the deceased's watch, based on the appellant's confession—It's worth noting that PW 12 did not initially state to the Investigating Officer that he had given his watch to the deceased when he left the house on 15.03.1984. It became evident during the Investigating Officer's cross-examination that this statement by PW 12 was an improvement in his testimony—The process by which the appellant's confession was recorded and the seizure of the watch receipt raise doubts. The evidence provided by PWs 11 and 16 only indicates that they were ...

Civil Procedure Code, 1908 (CPC)—Order 41 Rule 31—Eviction—Landlord-Tenant Relationship—Proof—Money Order Receipts—Handwriting Analysis—Where the plaintiff claimed eviction of the defendant on grounds of rent default and bona fide requirement, the trial court decreed eviction, relying on a registered sale deed proving ownership and money order receipts indicating payment of rent—However, the appellate court reversed the decree, holding that the plaintiff failed to prove landlord-tenant relationship, as the handwriting on the receipts was inconclusive and oral evidence was unconvincing—The plaintiff’s claim that the defendant disguised his handwriting was disregarded—The revision petition challenges the appellate court's approach in ignoring material evidence. ...

Disproportionate Assets—Burden of Proof—Acquittal—In an appeal against conviction under Section 13(1)(e) of the Prevention of Corruption Act, 1988, the High Court held that the prosecution failed to establish beyond reasonable doubt that the appellant was in possession of assets disproportionate to his known sources of income—The prosecution’s choice of base years for valuation lacked justification, and reliance on the CPWD Manual instead of the APWD schedule of rates remained unexplained—Furthermore, the trial court failed to consider documentary evidence produced by the appellant, including a register detailing day-to-day construction expenses, which was not challenged for authenticity—The assessment of assets was inconsistent, and essential components of the appellant’s income, including ...

Burden of Proof—Non-consideration of Original Documents—Duty of Tribunal to Ensure Fair Adjudication—The petitioner, declared a foreigner by the Foreigner's Tribunal, challenged the decision on the ground that the tribunal failed to consider original documents proving his Indian citizenship—The petitioner, a cycle mechanic, initially submitted photocopies due to lack of legal awareness—The High Court, upon examining the original records, found that the petitioner’s grandfather had been granted Indian citizenship under Section 5(1)(a) of the Citizenship Act, 1955, and his father was in India in 1955—Citing Maria Margerida Sequeira Fernandes [(2012) 5 SCC 370], the Court emphasized the tribunal’s duty under Section 30 CPC to actively ascertain the truth rather than mechanically rejecting c...

Civil Procedure Code, 1908—Section 100—Second Appeal—Evidence Act, 1872—Section 59—Execution of sale deed—Proof of attestation—Burden of proof—A scribe cannot be considered an attesting witness unless he specifically deposes about witnessing execution—Mere knowledge of execution does not suffice—Execution of a sale deed must be proved through direct evidence as per Section 59 of the Evidence Act—In absence of such evidence, execution cannot be presumed—Handwriting expert’s opinion confirming one plaintiff’s signature on the sale deed is insufficient to establish due execution—Contradictions in defendant’s claim regarding consideration payment weaken defense—When both parties lead evidence on execution, burden of proof becomes insignifican...

Penal Code, 1860 (IPC)—Sections 302/34 and 201/34—Murder—Common intention—Life sentence—Causing disappearance of evidence. Deceased was first wife of appellant. Appellant was apprehended when he was planning to run away with his second wife. Motive alleged to be frequent fights between two wives. Prosecution case fully corroborated by medical evidence. Circumstances clearly establish guilt of appellant in killing of deceased who was his first wife and he had clear motive to eliminate her. Killing of deceased could have been done only by appellant. Appeal dismissed.  Evidence Act, 1872—Section 106—Burden of proof—A fact which is especially in knowledge of any person then burden of proving that fact is upon him. It is impossible for prosecution to prove certain facts particularly ...

Foreigners Act, 1946—Section 9—Burden of Proof—Citizenship—Writ Jurisdiction—Roving Inquiry Not Permissible—The petitioner challenged the Tribunal's order declaring him a foreigner, contending that he was an Indian citizen by birth—The Court noted the petitioner's inconsistent conduct, including his absence from proceedings, failure to comply with interim orders, and belated submission of documents showing multiple variations in his name and his father's name—The Tribunal rightly held that mere production of photocopies was insufficient to prove citizenship—Under Section 9 of the Foreigners Act, 1946, the burden of proving Indian citizenship lies on the proceedee, which the petitioner failed to discharge—Citing Union of India v. Ghaus Mohammad, the Court reiterated th...

Evidence Act, 1872—Sections 34, 101—Admissibility of Documents—Books of Account—Burden of Proof—Plaintiff relied on Exbt.5, a photocopy of two loose sheets purportedly representing a ledger, to establish a credit sale of foreign liquor to the defendant—Trial court and first appellate court admitted Exbt.5 despite it not being an original book of account maintained in the ordinary course of business—Held, mere marking of a document as an exhibit does not prove its contents unless legally proved—Photocopies of loose sheets, without authentication or primary supporting documents, do not constitute books of account under Section 34—Burden of proof lies on the plaintiff to establish the credit sale, which cannot be shifted to the defendant merely due to lack of objection—Courts cannot...

Foreigners Act, 1946—Section 9—Burden of Proof—Foreigners Tribunal—Procedure—Under Section 9 of the Foreigners Act, 1946, the burden of proving that a person is not a foreigner lies upon that person, overriding the Indian Evidence Act, 1872—This provision is mirrored in Section 4 of the Registration of Foreigners Act, 1939—Cases involving (i) reinfiltrators, (ii) fresh infiltrators detected at the border or in transit, and (iii) foreign nationals overstaying their visa fall under the jurisdiction of Foreigners Tribunals—As per the Foreigners Tribunal Order, 1964, the Tribunal must serve a notice with grounds of allegation, allow a reasonable opportunity for representation and evidence submission, and regulate its own procedure—It possesses Civil Court powers, including summoning witnes...

Penal Code, 1860—Section 302—Murder—Last Seen Theory—Burden of Proof under Section 106 Evidence Act—Victim Compensation under Section 357A Cr.P.C—Conviction under Section 302 IPC upheld based on the last seen theory—Prosecution established that the deceased and the appellant had gone together in search of work on the fateful morning, and the appellant returned alone at night—The dead body of the deceased was discovered with multiple injuries in a drain—The appellant’s explanation that he had parted ways with the deceased at 2 PM and worked at another location till 5 PM was not substantiated by any evidence—The absence of a credible explanation shifted the burden under Section 106 of the Evidence Act on the appellant, which he failed to discharge—His conduct and unexpl...

Penal Code, 1860 (IPC)—Section 304B, Section 498A—Appellant (Sanjiv Kumar) has appealed against his conviction under Sections 304B and 498A of the Indian Penal Code—The case involves allegations of cruelty, harassment, and demand for dowry, leading to the death of the appellant's wife, Raj Rani—The prosecution claims that the appellant and his family maltreated the deceased for not bringing sufficient dowry—The appellant, on the other hand, presents a defense suggesting that the deceased had an illicit relationship with her brother-in-law, Balwant Rai—The document details the evidence presented by both the prosecution and the defense, including statements from witnesses, arguments, and the trial court's decision—The High Court affirmed the appellant's conviction, but the Supreme Court ...

Evidence Act, 1872 — Section 101 —Context of the burden of proof concerning cheques drawn for discharge of liability, a legal presumption exists that the cheque serves this purpose, a presumption mandated for the court to raise in every case—The distinction between discretionary and mandatory presumptions lies not only in the court's mandate but also in the nature of evidence required for rebuttal—In cases of discretionary presumption, an accused may rebut the presumption with an explanation that 'might reasonably be true and which is consistent with innocence.' However, in cases of mandatory presumption, the burden on the accused is heavier, and the explanation offered cannot be considered sufficient solely based on its reasonableness or probability—The court emphasizes that proper proof is requi...

Coal Mines (Nationalisation) Act, 1973—Section 3(1)—In cases where the issue revolves around whether a transaction is bona fide and genuine or a sham and bogus, the party alleging it to be sham need not take the burden of proof until the transaction is proven to be bona fide by the opposite party—The court clarified that when the issue is framed in two parts, asking first whether the transaction is bona fide and genuine, and second whether it is sham, bogus, and fictitious, the burden of proof shifts only after establishing the transaction's bona fide nature—If circumstances and intrinsic evidence clearly indicate that the transaction is not bona fide, it becomes unnecessary for the court to consider whether the opposing party has presented evidence to prove it as sham, bogus, or fictitious. ...

 Criminal Procedure Code, 1973 (CrPC)—Section 313—Appellant, a driver of an auto-rickshaw, was convicted under Sections 120B, 302, and 3(2)(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985—The conviction was based on the seizure of contraband from gunny bags stacked in the appellant's auto-rickshaw—The search was conducted on prior information that 'S' was transporting charas.The court emphasized the importance of compliance with Section 42, which mandates that the searching officer record the prior information in writing and send a copy to their immediate superior—While non-compliance may not vitiate the trial, it renders the searching officer's actions suspect—The failure to record information deprives the accused and the court of material to ascertain the precise in...

Prevention of Food Adulteration Act, 1954—Section 16(1)—Appellant, convicted under the Prevention of Food Adulteration Act for selling substandard milk, had his acquittal reversed by the High Court—Despite the defense claiming improper stirring of the milk, the High Court disagreed—The contention challenging the Food Inspector's authorization was not entertained due to its delayed presentation—The public analyst found the milk fell below prescribed standards, with the appellant failing to prove the quality decline resulted from natural causes—The minimum sentence for such offenses is three months imprisonment and a fine of Rs—500/-—Given the absence of foreign substances or added water, the Supreme Court reduced the sentence to three months' simple imprisonment and a Rs—500/- f...

Negotiable Instruments Act, 1881—Section 118—Burden of proof—Presumption—Dispute over a promissory note alleged to be collateral and not for value received, a mere bare denial of consideration by the defendant is insufficient—The defendant, attempting to disprove consideration, presented circumstances and evidence, which the court found unacceptable—Without successfully disproving the existence of consideration, the onus of proof remained with the plaintiff, as the defendant's evidence was deemed inadequate—Although the plaintiff's evidence was not entirely believed, this alone did not justify rejecting the claim, as the plaintiff's obligation to lead evidence was not insisted upon, given the defendant's failure to discharge their initial onus of proving the non-existence of consid...

Civil Procedure Code, 1908 (CPC)—Section 100—Concerns the validity of a will executed by Bhagwana on October 15, 1957, with the appellant claiming rights to her father's property—Previous courts upheld the will, but a single judge in a second appeal set it aside due to suspicious circumstances surrounding its execution—The Division Bench of the High Court restored the trial court's decision, prompting this appeal—The appellant argues that since she wasn't a party to the earlier litigation among collaterals, the courts shouldn't have examined the will's genuineness—Additionally, the appellant contends that since the will wasn't produced and a witness wasn't examined in this suit, doubts remain—However, the Division Bench deemed the trial court's recognition of the wi...

Land Acquisition Act, 1894—Section 18—Concerns the acquisition of 5.357 acres of land—Initially, compensation was set at Rs. 3,658.87 per acre by the Land Acquisition Officer, later enhanced to Rs. 30,000 per acre by the Civil Court, and further to Rs. 69,013.11 per acre by the High Court—However, it is established that evidence presented, including sales transactions, lacked credibility and proper examination—The courts failed to assess whether the sales reflected fair market value or comparable features to the acquired land—Therefore, the decree and award are set aside, and the matter is remitted to the reference Court for proper assessment of compensation—Each party will bear their own costs. ...

Land Acquisition Act, 1894—Section 18—Land Acquisition Act was invoked in 1980 to acquire land for a Ring Road around Ahmedabad City—The compensation awarded by the Land Acquisition Officer was challenged, leading to successive awards by the City Civil Court and ultimately appeals to the High Court—The appellants argued against the High Court's decision to base compensation on an average, as no specific evidence related to comparable sales for each survey number was presented—However, the nature of the acquired land, comprising small strips from different survey numbers for the Ring Road, was taken into account—The Court emphasized the claimants' burden to prove inadequate compensation and the duty of the Court to scrutinize evidence for fair compensation—While acknowledging the general an...

Evidence Act, 1872—Sections 101 to 104—Burden of proof—The appellant having had the knowledge of the proposed acquisition for the public purposes obviously brought these documents to inflate the market value and that, therefore, these sale transactions cannot be pressed into service—The learned subordinate Judge has committed palpable error of law in accepting ipso facto those documents without subjecting the evidence to closer and critical scrutiny, whether these documents are genuine documents executed between willing vendor and willing vendoe—The answer would be obviously 'No'—The High Court therefore, was right in not relying upon those documents. ...

Evidence Act, 1872—Section 14—Burden of proof lies on the party seeking the removal of a trademark from the register—This party must demonstrate non-use and lack of bona fide intent to use the mark—In cases involving property rights and abandonment of trademarks, it is essential to establish that the trademark owner has either intentionally ceased using the mark or has failed to use it without legitimate reasons—The applicant for removal must provide concrete evidence showing the absence of use within the statutory period and the trademark owner’s lack of genuine intent to resume its use—Mere allegations or assumptions are insufficient; the burden of proof requires a clear and convincing demonstration of non-use and abandonment—The court assesses evidence on a balance of probabilities, ensur...

Evidence Act, 1872 - Section 101, Section 114, Section 3, Section 60—Principal question was whether Shyam Behari Lal (1st defendant) was validly adopted by Gopal Das, who died intestate in 1934— Debi Prasad, the 1st plaintiff, claimed to be the nearest heir, challenging the adoption— The trial court upheld Debi Prasad's claim, but the High Court reversed this decision, recognizing Shyam Behari Lal as Gopal Das's adopted son— Shyam Behari Lal's claim rested on extensive documentary evidence and consistent treatment as Gopal Das's son over decades— Despite the lack of direct evidence and specific customs, the documentary evidence and admissions by Debi Prasad and others sufficiently proved the adoption's validity— The Supreme Court upheld the High Court's conclusion, affirming the ...

Civil Procedure Code, 1908 (CPC) - Order 9 Rule 13—Burden of proving that an application to set aside a decree is within time lies with the defendant— It is the defendant's responsibility to demonstrate that they had knowledge of the decree within 30 days before filing the application— If the defendant provides evidence of timely knowledge, the plaintiff must rebut this evidence and show that the defendant was aware of the decree more than 30 days before the application— Knowledge, as per Article 164, requires complete and specific details of the decree— Vague information about a decree is insufficient to start the limitation period— The defendant's knowledge must be of the actual decree sought to be set aside, not merely an abstract awareness— It is essential that the defendant has clear ...

Evidence Act, 1872 - Sections 101 to 104 —Presumption and show that the incident could have occurred without negligence—Under the Fatal Accidents Act, 1855, and related legal principles, property owners are held to a special duty to maintain safety, particularly for structures adjacent to highways— They are liable for injuries caused by disrepair, regardless of their knowledge of the defect— This means that proving lack of awareness or the nature of the defect is insufficient as a defense— Applying this principle, the appellant's failure to regularly inspect the Clock Tower they maintained constitutes negligence, as the lack of systematic checks created a potential danger.   ...

Civil Procedure Code, 1908 (CPC) - Section 9—Appeal, the Supreme Court examined whether a civil court had jurisdiction to entertain a suit for possession and mesne profits of land claimed by the respondents— The respondents alleged that the appellant was in unlawful possession of their land— The appellant argued that the civil court lacked jurisdiction because a revenue court had previously determined his title under the Bhopal State Land Revenue Act, 1932— The Supreme Court held that Section 200(1) of the Act did not bar civil court jurisdiction for suits based on title, as the Act’s provisions related to revenue officers' powers did not preclude civil suits for title and possession— The Court found that the concurrent findings of the lower courts on title and possession were based on a comprehensi...

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Evidence Act, 1872—Section 32(3)—Statement of Deceased—Relevance—A statement made by a deceased person that is against their own interest is relevant and admissible after their death—This admissibility extends to all matters connected with the statement. Evidence Act, 1872—Sections 101 to 104—Burden of Proof—Joint Hindu Family Presumption—A Hindu family is presumed to be joint unless proven otherwise—The burden of proving the family’s status lies on the person claiming relief based on such status—In cases where a member of a joint Hindu family has separated, there is no presumption that the remaining coparceners continue to be joint—The intention of the parties and evidence presented are crucial in determining whether a separation or unity persists among the ...