Agreement to sell -- Validity - Agreement in question bears signatures of defendant at seven places on stamp papers - No explanation given for the same - It probabilizes the happening of circumstances that said signatures were obtained on some blank stamp papers without there being any specific object existing at the moment for its use or to be used as per wish of..........
Employee's Compensation Act, 1923, Section 3 -- Accident - Compensation - Deceased was on the roll of employer - Commissioner neither returned any findings in respect of validity or invalidity of license of deceased nor was it one of questions framed by Commissioner for consideration - Court below erred in making observations in that regard - No perversity could be..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 227 -- Sanction for prosecution - Validity - Once cognizance was taken by Special Judge and charge was framed against accused, trial could neither have been stayed nor scuttled in the midst of it in view of S.19(3) of P.C Act - In the instant case, though the issue of validity of..........
Prevention of Corruption Act, 1988, Section 19(1) -- Sanction for prosecution - Validity - Stages of proceedings at which an accused could raise the issue with regard to validity of sanction would be the stage when Court takes cognizance of offence, the stage when the charge is to be framed by Court or at the stage when trial is complete i.e., at the stage of final..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque presented not within three months of its issuance - Clarification that accused assured him encashment of cheque and insisted to present cheque after couple of days - Clarification is an attempt in despair to bring the presentation within validity period - Trial Court committed no mistake in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Successive presentation within validity period of cheque is permissible - However, once demand notice is issued, thereafter no presentation is permitted...........
Service -- Caste claim - Validity - Appellant claimed that she belongs to `Mana' Scheduled Tribe - Birth record of great grandfathers of appellant show the caste as `Mana' - Such pre-constitutional document of period as early as 1924 cannot be discarded - Though the Affinity test may be used to corroborate documentary evidence, it should not be sole criteria to reject the..........
DNA Test -- Validity - Respondent failed to establish a prima facie case of alleged immoral life led by the 1st petitioner with other persons named in his objection, the prayer of the 1st petitioner to issue direction to the respondent to subject himself to the blood test for determination of DNA cannot be thrown aside - An illegitimate child is also eligible for..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Wife has given the evidence with regard to photographs taken at the time of their marriage and her evidence in this regard was not at all shaken during cross-examination - Birth certificate of child shows husband as father of the child - Even, husband refused to go for DNA test to..........
Evidence Act, 1872, Section 102 -- Burden of proof - Will - Burden of proving Will by evidence is upon its propounder - However, in cases where validity of Will is challenged on the ground of fraud, coercion or undue influence, burden of proof would be on the caveator...........
