Evidence Act, 1872, Section 45 -- Expert opinion - Disputed signatures - Comparison of signatures with signatures which were subsequent to the filing of suit except one signature on a written statement in a prior suit - Not a valid basis of comparison - It casts a serious doubt on the reliability of entire report - Report discarded on this ground alone...........
Transfer of Property Act, 1882, Section 107 -- U, registered lease deed - Signature of lessor does not appear in lease deed - Lease deed in question is even unregistered - Same cannot be construed as a valid lease deed - Plaintiff thus, not acquired any title by virtue of lease deed in question - Findings of Court below regarding possession is inconsequential...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Offence u/ss 8 & 18(b) of the Act - Seizure memo - Large gap between signature of accused and that of independent witnesses - Clearly abnormal which cannot be lightly washed away especially when independent witnesses have deposed that they were not present at the time of such search and seizure - It..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Offence u/ss 8 & 18(b) of the Act - Delay of one year in producing seized sample in Court - Coupled with this the signature on the seal being illegible creates a serious doubt with regard to the prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Offence u/ss 8 & 18(b) of the Act - Delay of one year in producing seized sample in Court - Signature on seal illegible - In the Malkhana register there is an entry with regard to the deposit of seized sample but entry dealing with exit from the Malkhana for taking it to Court is blank - Not..........
Indian Penal Code, 1860, Section 464 -- False document - It is the essence of making a false document that signature, seal or date shown on it should be false...........
Evidence Act, 1872, Section 45 -- Specimen handwriting - For signature comparison by Handwriting expert - Application for comparison of handwriting of plaintiff on disputed cheques with his admitted handwriting was allowed - However, there was no specimen handwriting of plaintiff on record and only his signatures existed - Examination of handwriting of plaintiff on cheques..........
Will -- Suspicious circumstance - Mental state of mind of testator - PW6 proves beyond doubt that on the alleged date of execution and registration of Will, testator was hospitalized and was regularly attended throughout the day and night by doctor - No explanation made as to in what circumstances testator was allegedly taken out of hospital before scribe and..........
Specific Relief Act, 1963, Section 6 -- Dispossession - Suit for restitution of possession - Rent receipts exhibited on behalf of plaintiff which was issued in his name in respect of suit premises under signature of defendant - However, defendant alleged that widow of actual tenant took blank signed receipts from defendant, but no statement whatsoever was forthcoming from..........
Succession Act, 1925, Section 222, 63, Evidence Act, 1872, Section 68 -- Will - Probate - Will in question attested by two witnesses - One of attesting witnesses of Will identified and proved signature of other attesting witness - Attesting witness also identified his signature in his declaration appearing at page 10 of Probate petition - Testator was proved to be..........
