AI Overview...
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Applicability of Sections of Evidence Act in Family Court Cases - Certain provisions of the Indian Evidence Act, 1872, are explicitly applicable to Family Court proceedings, while others are not. For example, Sections 91 and 92, which relate to the exclusion of oral evidence, have been discussed in the context of Family Court cases, indicating their relevance. However, specific sections like those pertaining to the admissibility of unregistered documents or certain evidentiary presumptions may not be directly applicable or may require adaptation. KALARANI vs KATHIRVEL - Madras
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Evidence of Wills and Presumptions - Sections 90 and 92 of the Indian Evidence Act, 1872, concerning presumptions about the execution of wills over 30 years old, have been invoked in appellate contexts, suggesting their applicability in Family Court cases involving succession and testamentary disputes. Marathal (Died) VS Kanniammal (Died) - Madras
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Family Court Jurisdiction and Evidence - The Family Courts Act, 1984, primarily governs procedural aspects and jurisdiction, but it also interacts with evidentiary rules. For instance, Sections 15 and 17 clarify the Court's authority, and evidence admissibility may be subject to the provisions of the Indian Evidence Act, with some exceptions. The Act does not explicitly exclude all sections of the Evidence Act, but certain evidentiary rules may be modified or not directly applicable within Family Court proceedings. T. Venkata Govardhana Mani VS Kolluru Ramachandra Sekhar - Andhra Pradesh, Durgaiya Pocham Sullewar VS Aruna - Current Civil Cases
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Specific Evidence Provisions Not Fully Applicable - The applicability of sections such as those related to unregistered documents or certain procedural rules may be limited or require judicial discretion, as indicated by case law discussing the admissibility of lease deeds and other evidence in Family Court contexts. State Bank Of Patiala VS Joint Hindu Family Firm Inder Sain Nanak Chand - Punjab and Haryana
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Summary - While many provisions of the Indian Evidence Act, 1872, are applicable in Family Court cases, some sections are either not applicable or are subject to modification based on the nature of Family Court proceedings and the specific issues involved. The Family Courts Act, 1984, primarily governs jurisdiction and procedure but interacts with the Evidence Act, with certain evidentiary rules being adapted or excluded as per judicial interpretation.
Search Results for "Whether any Sections in Evidence Act Not Applicable to Family Court Case"
2024 Supreme(Online)(MAD) 38376 • India - High Court of Madras
R.Sakthivel, J
Indian Evidence Act, 1872 , oral evidence is not necessary. ... First Appellate Court erred in holding that oral evidence can be excluded for Ex-C.1 as per Sections 91 and 92 of the Indian Evidence Act, 1872 . ... In case, the application for taking additional evidence on record has been considered and allowed prior to the hearing of the appeal, the order being a product of total and complete non-....
2024 0 Supreme(Mad) 2119 • India - Madras
V. LAKSHMINARAYANAN
(A) Indian Evidence Act, 1872 - Section 90 - Second Appeal concerning the validity of a 'WILL' executed in 1956 - The appellate court ... ... ... Issues: The main issue was whether the appellate court was justified in invoking Section 90 for the 'WILL'. ... presumption of execution and attestation under Section 90 is applicable to 'WILLS' over 30 years old, provided they are produced ... the Indian Succession Act....
2017 0 Supreme(AP) 853 • India - Andhra Pradesh
C.PRAVEEN KUMAR, P.KESHAVA RAO
the appellant herein, on the file of the Court of the Family Judge - Held, As culled out from the oral as well as documentary evidence ... and since the same is not curable, it can be safely inferred/presumed relying on the evidence that is brought on record that the ... case where the marriage between the appellant as well as the respondent can be annulled on the grounds as mentioned in Section 12 ... The evidence of PW-4, is not r....
1988 0 Supreme(Kar) 441 • India - Karnataka
M.RAMA JOIS
Issues: The main issue was whether the Family Court was required to frame issues in a petition filed under Section 9 of the ... Ratio Decidendi: The court held that the provisions of the Family Courts Act, particularly Sections 15 and 17, make it clear ... Framing of Issues - Family Court Procedure - The court held that the Family Court was not#HL_EN....
• India - Crimes
N.G.NANDI, ARUN KUMAR
Indian Penal Code, 1860 - Section 302 - Appeal against conviction - Prosecution case based on circumstantial evidence - Dead body ... instance of appellant & letter written by accused - Time gap of deceased having been left at the place of accused & time of incident, evidence ... of deceased found lying in a park & cremated as unclaimed after post mortem - Case registered after about three months on report ... by the higher judiciary.13a It was held by the Calcutta High Court that crim....
1993 0 Supreme(P&H) 1142 • India - Punjab and Haryana
S.K.JAIN
of the Act were not applicable. ... were not applicable? ... Whether the unregistered lease deed was admissible in evidence to enforce the terms and conditions of the lease? 2. ... Close scrutiny of the evidence on record shows that Nanak Chand (PW-2), the karta of the joint Hindu family (landlord), has proved on record site plan Ex. ... On the basis of the above evidence, it has rightly been found by the learned t....
• India - Current Civil Cases
A.S.CHANDURKAR, N.B.SURYAWANSHI
[Para 12] (iii) Family Court Act, 1984 —Section 7(1)(b) —General Provident Fund, Rules, 1960 — Whether A ... any person—Whether the Court was justified in passing an order — Held, In the present case, it is an admitted position on record ... Family Court Act, 1984—Section 7(1)(b) —Declaration as to validity of a marriage or matrimonial status of ... It is submitted that the ma....
2004 0 Supreme(Jhk) 932 • India - Jharkhand
N.N.TIWARI
Bihar Building (Lease Rent and Eviction) Central Act, 1982 – Section 11(1)(c), Indian Evidence Act, 1872 – Section 116 – acceptance ... of plaintiff as landlord followed by payment of rent continuously defendant petitioner can not deny title of petitioner during the ... continuance of tenancy – preference of landlord in chasing the premises for eviction can not be challenged by tenant – application ... Except that, the definition of landlord given in Section....
2019 0 Supreme(Guj) 904 • India - Gujarat
R.M.CHHAYA, B.N.KARIA
Shah, learned advocate appearing for the appellants on the ground of res judicata, with respect, are not applicable to the issue ... Motor Vehicles Act, 1988 –Sections 173, 163A, 166 –Feeling aggrieved and dissatisfied by the judgment and ... liability in terms of Section 166 of the Act – Judgments relied upon by Mr. ... The question therefore, which arises in this appeal is to the effect that whether remedy for payment of compensation under sections....
2020 0 Supreme(Bom) 1039 • India - Bombay
A.S.CHANDURKAR, N.B.SURYAWANSHI
and whether the Family Court was justified in granting the reliefs in her favor. ... Family Court Jurisdiction - Family Courts Act, 1984 - Section 7 (g) - Civil Procedure Code, 1908 - Section 151 - [7(g), 151] - ... The court discussed the jurisdiction of the Family Court under Section 7 of the Family Courts Act, 1984 and the ....
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