Recovery suit -- Defendant was set ex parte - Only defence raised by defendant in written statement was that document admitting outstanding amount was not executed by an authorised person - However, apart from said document plaintiff has placed on record relevant invoices - Ledger statement relating to defendant shows a closing balance of Rs.2,21,40,895 - Memorandum of..........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Demand and acceptance - Tehsildar on whose behalf alleged bribe was being demanded was not prosecuted due to want of sanction - This casts serious doubt on the narrative of prosecution regarding appellant acting as a conduit for a public servant - Complainant turned hostile and did not support case of..........
Will -- Proof of - Plaintiffs utterly failed to produce any cogent evidence that Will in question was a result of fraud, inasmuch as none of witnesses examined by plaintiffs were present at the time of execution of Will so as to prove that in what circumstances, Will was executed - Rather, Courts below have rightly observed that mere fact that Will in question is a..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Defendant himself admitted that plaintiff obtained survey nos.28 & 35 in partition and his family members have received some parts in partition - They cannot be permitted to challenge said partition especially when trial Court and Appellate Court have found said partition..........
Indian Penal Code, 1860, Section 468, 471, 109, 120B -- Forged documents - Allegation that postal cover in which the forged marksheet was purportedly transmitted, bore handwriting of appellant - However, postal cover could not be exhibited in evidence - Non-exhibiting of original document would lead to the only possible inference that postal cover was never proved as per..........
Will -- Suspicious circumstances - Beneficiary of Will i.e. plaintiff was present at the time of execution of Will - Will appeared to be dubious document having been written on a piece of paper torn from a copy - Scribe of Will being close relative of testatrix does not know about age of testatrix - Plaintiff stated that testatrix was alright at the time of execution of..........
Partition suit -- Family settlement - Agreement for settlement of family property is entered into to give a right to plaintiff No.2 and avoid what would otherwise take place by normal entitlement of sharers under Mohammedan law - Defendant failed to prove that existence of Will and also family settlement is a fabricated document - Once the family settlement is proved as..........
Agreement to sell -- Specific performance - Plaintiffs have proved due execution of agreement to sell - Defendants on the other hand could not probablize their defence that agreement to sell was loan document and not the agreement to sell - Defendant nos. 2 and 4 have taken self contradictory stand in their written statement - Loan transaction as alleged by defendant not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 61, 64 -- Dishonour of cheque - Additional evidence at appellate stage - Certified copy issued by private bank - Not per se admissible - Same is required to be proved by way of evidence - Since there is no prayer to prove the document so the request to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 61, 64 -- Dishonour of cheque - Additional evidence at appellate stage - Certified copy issued by private bank - Not per se admissible - Same is required to be proved by way of evidence - Since there is no prayer to prove the document so the request to..........
