Showing : 21-30 of 201 Results

ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 304, Evidence Act, 1872, Section 32-- Offence u/s 304(Part I)PC - Dying declaration - Solitary evidence against accused - All eye witnesses to incident turned hostile - Only evidence against accused is dying deceleration of deceased - Deceased was fully conscious and in a position to understand situation at the time of recording dying..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27, Evidence Act, 1872, Section 45-- Additional evidence at appellate stage - Comparison of thumb impression - Appellants unable to give satisfactory reasons as to why they could not produce expert evidence before trial Court - Even, plaintiffs are guilty of remissness in the Court below as such they are not entitled to remove lacuna..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Will-- Suit for possession - Appreciation of evidence - Sub-Registrar affirms sound condition of testator - No evidence on record to prove that Will was obtained by fraud - Sample signature/thumb impression were available for comparison but plaintiffs failed to examine the handwriting expert - No..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67-- Recovery of 1.200 kg charas - Confession - Notice u/s 67 of NDPS Act - Not properly served upon accused - Thumb impression of accused obtained on blank paper by officers of raiding team - Contents of notice not read over and explained to accused - Moreover, notice was prepared in English language,..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302-- Two dying declarations - Inconsistency between two dying declarations - One duly signed by deceased - Big toe impression of foot of deceased taken on the other - Hands of deceased were burnt and deceased was not in a position to put her signatures or thumb impressions - Dying declaration having..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Will -- Suspicious circumstances - Recitals in Will appears to more intended to save adoption and settlement deeds, than to bequeath share of testator to legatees - Even, Will does not contain any recitals to the effect that it was read over and explained to her and she affixed her thumb impression after..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Will-- Suspicion circumstances - Testator died within 24 hours of execution of Will - It is thus not believable that testator might have foreseen his death so close that he opted to rush at a distance of 30 kms away from his native village that too ignoring the nearby Tehsil to execute the Will -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Comparison of thumb impression of testator on Will with thumb impressions on mortgage deed - Expert evidence by way of additional evidence cannot be allowed at this stage, as such type of evidence was required to be led in affirmative - Even otherwise, evidence cannot be..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 32(1)-- Dying declaration - Thumb impression - Document cannot be discarded being thumb marked by burnt victim instead of her signatures, especially when it was signed by two independent witnesses i.e. doctor and Naib-Tehsildar - Dying declaration, held reliable and admissible...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Will-- Proof - Will duly proved by so, i, law of scribe as scribe died - He identified the signatures of scribe as he was very well acquainted with his signatures - Attesting witnesses deposed that Will was scribed by scribe on the asking of testator and that testator was in his senses and was mentally..........

Showing : 21-30 of 201 Results