Will -- Execution - Scribe of Will does not know testator personally but he has prepared the Will - He is also a stranger to testator as there are no details as to how he is ever acquainted with her let alone being called to draft her testament - Evidence of scribe of Will does not inspire any confidence and therefore cannot be believe at all...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3), Evidence Act, 1872, Section 65A, 65B -- Production of documents - Telephonic recording - Recovery suit - Plaintiff wanted to submit the telephonic talk between his brother and defendant in which defendant admitted that he had taken Rs.5 lacs from plaintiff - However, brother of plaintiff is not a party to suit..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is to be heard at the time of final hearing of appeal - First appellate Court allowed application without any reason in a perfunctory manner - Order allowing application set aside...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court in Second Appeal can interfere with findings of trial Court on ground of failure on part of trial as well as first appellate Court, as the case may be, when such findings are either recorded without proper construction of documents or failure to follow the decisions of Supreme Court and acted on..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Motive - Ongoing squabbles between close relatives residing under one roof are nothing out of usual and may give rise to an inference that all was not well within the family - However, merely because such quarrels were going on between the accused persons and deceased, that by itself could not be a..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Testimony of son of deceased - Nothing in the testimony of PW3/son of deceased which could even remotely suggest that any or all of three accused persons were present in the house or that they had quarrelled with his mother/deceased when he left for school along with his brother - Even, none of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Last seem theory - There is no credible evidence on record of the case to establish the exclusive presence of appellants with deceased in the house in question at any time before the incident, justifying the shifting of burden of proof on to appellants by invocation..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Informant alleged that he had gone to the police station on 11.3.1997 to inform about the disappearance of his sister/deceased - However, I.O stated that informant had come to the police station only on the morning of 12.3.1997 for the first time and made a complaint upon which an entry was made in..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Evidence need not always be led by the party who has the right to begin and on whom lies the burden of proof - It is open to him to sustain the onus by facts which he may elicit in cross examination of other party or his witnesses...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - There is no impediment for Court to call upon either party to lead evidence first, depending upon the facts and circumstances of the case and the nature of the issues framed - Neither party can insist that the other one should be asked to lead it first - It all depends upon what the Court deems proper in the..........
