Showing : 81-90 of 204 Results

ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Evidence Act, 1872, Section 45, 73-- Disputed thumb impression - With the naked eye disputed and admitted thumb impression cannot be compared - Disputed thumb impression has to be either proved or disproved by an expert opinion - In absence of expert opinion other evidence led by parties would be relevant to record a finding whether..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Agreement to sell-- Specific performance - Agreement alleged to be forged and fabricated - Defendant refused to appear for giving his thumb impression for comparison in support of his plea - Adverse inference rightly drawn. (Evidence Act, 1872, S.114)...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recalling of witness - Defendant in his written statement nowhere pleaded that his signatures had been taken on blank paper which later on converted into impugned agreement - Agreement purports to bear thumb impression and not signatures of defendant - PW2 in witness box stated about due execution..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Evidence Act, 1872, Section 32-- Dying declaration - Deceased suffered 95-97% burn injuries - Deceased put her thumb impression on the dying declaration - It is highly doubtful that it was possible for deceased to put her thumb impression below her statement...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Agreement to sell-- Suit for specific performance - Agreement a procured and fictitious document - Thumb impression on agreement alleged to be obtained on blank papers by taking advantage of drunken condition - All the four thumb impressions on agreement are with the same ink pad which were allegedly obtained by the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Agreement to sell-- Proof - Thumb impression on agreement alleged to be obtained on blank papers by taking advantage of drunken condition - Held, in that eventuality, a heavy burden of proof is on plaintiff to prove the due execution, genuineness of the agreement to sell and passing of the earnest money...........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 32-- Dying declaration - Proof of - Person who recorded when dead - Held, dying declaration can be proved even if its recorder is not available, being dead or who cannot be found or, for any reason whose attendance cannot be procured. Any other person such as a Doctor/Nurse, if states, that he/she was..........
KERALA HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 73-- Comparison of disputed signature or writing of any person - Person does not necessarily mean a party to the suit - A specimen signature or thumb impression of party to the suit, or a witness or any other person can be taken u/s 73 of the Act...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 112, Hindu Adoptions And Maintenance Act, 1956, Section 11, Will-- Proof of - Suspicious circumstances - Attester and scribe of will does not say that will was drafted to the dictation and information of executor - As per their evidence executor having understood the contents affixed his thumb impression - Deceased was suffering from asthma - Nothing on record to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Consent decree-- Passed on the basis of family settlement - Statement of defendant recorded in Court - Challenged on the ground of fraud and misrepresentation - Statement made in Court cannot be said to be obtained by fraud or misrepresentation or by using blank paper bearing thumb impression of defendant - Plea..........

Showing : 81-90 of 204 Results