Will -- Suspicious circumstance - Merely because date written by one of attesting witness was in different pen, would not make the Will suspicion, particularly when Court has carefully seen the signatures as well as date - Moreover, all the signatures by both the attesting witnesses are with ball pen - No doubt date as mentioned is little bit darker than signature but date..........
Motor Vehicles Act, 1988, Section 98, 66, 88 -- Inter-State permit - Non-air conditioned private buses - Reciprocal agreement between State of Punjab and U.T Chandigarh - Agreement permitting no, A.C buses for which State of Punjab had issued permits prior to 1966 and it continues to be renewed by State of Punjab to operate in U.T - S.88 of the Act provides..........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Handwriting expert - Comparison of signatures sought during pendency of first appeal - Application filed almost four years from the date of filing appeal - Dismissal of application calls for no interference as petitioner admitted her signature in the written statement and in view of the fact that there is no explanation as..........
Evidence Act, 1872, Section 45 -- Disputed signatures - Comparison - A disputed signature cannot be compared with another disputed signature...........
Transfer of Property Act, 1882, Section 106 -- Notice for eviction - Validity - Defendant denied receipt of notice - However, receipt was produced on record bearing signature of proprietor of defendant firm - Bare denial of signature without substantiating same by cogent evidence is not sufficient to dislodge presumption about service of notice - Courts below rightly..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Application of petitioner for examining handwriting and fingerprint expert has been dismissed - Petitioner not denied his signature on cheque in cross-examination and in his statement u/s 313 Cr.P.C. rather he admitted the same - Whether cheque issued by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 2 kg charas - In recovery memo it is not clear as to whose seal was affixed on the sample as well as residue, which was necessary - No entry of sample seal as well as sample of contraband substance was made in Malkhana Register, which makes it doubtful as to whether these articles were kept..........
Indian Penal Code, 1860, Section 307, 120B, Arms Act, 1959, Section 3, 25, Evidence Act, 1872, Section 65B -- Attempt to murder - Accused convicted solely on the basis of call details - However, documents relating to call details do not bear signature of any person - Whether they have been issued by service provider is also not established - Call details are not proved in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32 -- Recovery of contraband - Arrest and recovery from a public place in presence of independent witnesses - Absence of signature in the arrest memo of a respectable member of the locality - Arrest may not have occurred in the manner as alleged leading credence to the plea of prior arrest and wrongful..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of contraband - Recovery from public place in presence of independent witnesses but absence of signature in the arrest memo of a respectable member of the locality - Statement of search witnesses not recorded on the day of seizure or soon thereafter but their statements recorded after one..........
