Indian Penal Code, 1860, Section 302, 309, Evidence Act, 1872, Section 73 -- Murder - Comparison of disputed and admitted signatures on arrest memo, seizure memo and recovery memo - Prosecution failed to prove admitted signatures of accused on arrest and seizure memo - Nobody has appeared in Court to said that signatures were made in his presence or they have conversant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheque issued towards loan amount as a security - Complainant admitted his relationship with petitioner as commission agent and farmer - Petitioner contended that complainant was in a dominating position and had been advancing loans after getting their signatures on blank papers/cheques and..........
Negotiable Instruments Act, 1881, Section 138, Stamp Act, 1899, Section 35 -- Dishonour of cheque - Complaint u/s 138 of the Act - Complaint through power agent - Power of attorney admitted by principal - Signing by power agent in place earmarked for principal and principal signing in place earmarked for agent will not invalidate power of attorney - Moreover, by putting..........
Evidence Act, 1872, Section 45 -- Disputed signatures - Expert opinion - At the instance of defendant - Comparison of disputed signatures with signatures subscribed during pendency of suit - Objected to by the opposite party - Held, disputed signatures cannot be compared with signatures subscribed during pendency of suit in the absence of availability of admitted..........
Indian Penal Code, 1860, Section 363, 364A, 109 -- Kidnapping for ransom - Accused while working in the house of PW1 as a servant kidnapped minor son of PW1 - He left the letter regarding kidnapping in which demand of ransom was made - Accused accepting three letters of kidnapping in his evidence and identifying the signatures before Magistrate - However, in his statement..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 2 kgs of opium - Conscious possession of accused fully established on record which was corroborated by testimonies of official witnesses - Merely on the fact that independent witness was not examined by prosecution as he was won over by accused, is not fatal to prosecution case as he admitted..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Opinion of handwriting expert in respect of certain documents - Accused already paid entire cheque amount and therefore cheque cannot be said to be issued for discharge of any legally enforceable debt or other liability - Complainant had acknowledged receipt of said..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - No eye witness of incident except the prosecutrix herself - Nobody is even seen prosecutrix while accused was taking her away with him - Delay of more than 3 days in lodging of FIR - No report has been lodged even about missing or `Gumshudagi' of prosecutrix - Prosecutrix not only admitted her..........
Will -- Proof - Registered Will - Proof by Sub Registrar - Sub Registrar not present at the time of execution of Will and he not a witness to affixing of signatures by the testator or the attesting witness on the date the Will is purported to have been executed - Sub Registrar, however, stated that when Will was present for registration and registered, signatures of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(ii)(c) -- Recovery of 10.500 kg. charas - Recovery effected from conscious and exclusive possession of accused `M' - Although independent witnesses turned hostile but factum of having admitted their signatures on memos renders insignificant as well as inconsequential the effect of their turning hostile -..........
