The failure of the respondents to cross examine solitary witness or confront him with their version, despite adequate opportunity must lead to an inference of tacit admission on their part. T...

The rule does not state that if a petition is not subsequently filed by the plaintiff for permission to be examined as a witness, the Court has the power to entertain or allow such a prayer. If...

Production of Document: A person may be summoned to produce a document under Order XVI, Rule 6 of the CPC, and Section 162 of the Indian Evidence Act, 1872. It is thus evident that, firstly, ...

Panch Witness is Not an Independent WitnessThe panch witness is not an independent witness. He displayed a partisan attitude towards the police, was under their influence, and therefore signed th...

The general rule is that the accused must answer questions by being personally present in court. Only in exceptional circumstances can this rule be departed from or dispensed with, as held in K...

For the act of desertion, there must be Factum or physical separation and Animus Deserendi, which is the intention to end cohabitation permanently. Both essential elements must persist througho...

Grounds on which marriage is prohibited: Prohibition on the ground of Consanguinity his mother or his grandmother how high so ever. his daughter or his granddaughter how lo so ever. ...

Section 125 of the Criminal Procedure Code, 1973, provides that if any person having sufficient means neglects or refuses to maintain his wife or his legitimate child who is unable to maintain ...

An order may be made even if the children are outside the jurisdiction of the court. It is the court where the child normally resides that will have jurisdiction to entertain an application for...

Physical Separation:The typical case of physical separation occurs when both spouses have established separate households in two different locations. However, in modern city life, it often happ...