#Section 73 Evidence Act

The High Court of Madhya Pradesh set aside a trial court's dismissal of a specific performance suit, ruling that a genuine agreement existed despite defendants' denial and subsequent sham sale to defeat the contract. The court emphasized that sham transactions executed within weeks of the agreement were acts of fraud, entitling the plaintiff to specific performance.

Kerala High Court rules that trial courts cannot dismiss documents as irrelevant in partition suits without first examining them under Section 73 of the Evidence Act. The judgment mandates expert verification of disputed Wills or gifts before excluding them from evidence, ensuring fair adjudication in property disputes.

Delhi High Court sets aside a divorce decree under Section 13(1)(ia) of the Hindu Marriage Act, ruling that allegations of cruelty must be supported by cumulative, corroborated evidence. The court held that procedural flaws, such as drawing adverse inferences without issuing a Section 73 notice under the Evidence Act, vitiate the decree. The judgment reinforces that marital cruelty must involve grave and sustained conduct, proven by credible evidence.