Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Dying declaration - Murder - Deceased named three accused persons in his dying declaration - Dying declaration immediately recorded after incident by Inspector after certification of doctor - It does not record any unnatural things and exaggerated version of incident -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon wife - Apology letter of husband on record proved the contentions of wife that husband used to beat her, did not allow her to visit her home, cast aspersions upon her character, snatched her salary, took money from her father which was not returned and even asked for dowry, which amounts to cruelty -..........
Evidence Act, 1872, Section 45 -- Expert opinion - Disputed thumb impressions - Expert opinion is necessary for resolving the dispute between parties - Application for obtaining report of handwriting expert, at the expenses of petitioner, allowed...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence or additional evidence - Handwriting and finger print expert examined by plaintiff with permission of Court after closing his evidence in affirmative - Plaintiff claiming it to be rebuttal evidence and defendant claiming it to be additional evidence and thus having right to rebut the same - Said..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Examination of handwriting expert to rebut the report of expert examined in defence - Plaintiff had knowledge of stand of defendant from the very inception - Having failed to lead its evidence in affirmative and in rebuttal, plaintiff cannot be allowed to rebut the defence evidence by way of additional..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 300 gm charas - Independent witness not supported prosecution case, as he stated that no search and seizure was carried out at the spot - Testimony of official witnesses does not inspire confidence - NCB form demonstrate that FIR no., date and provisions of NDPS Act under which FIR was lodged..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, Evidence Act, 1872, Section 73 -- Cheating and forgery - Conviction based on opinion of handwriting expert - Accused purchased electronic goods from complainant and in lieu of that handed over forged demand draft - Handwriting on forged demand draft found to be that of accused by handwriting expert - Accused used forged..........
Evidence Act, 1872, Section 45 -- Expert opinion - It is not expedient in the interest of justice to send documents for opinion of handwriting expert when there is positive evidence of eye witnesses...........
Indian Penal Code, 1860, Section 363, 366, 376, Prevention of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Testimony of prosecutrix - Prosecutrix was above 18 years of age at the time of incident - She herself admitted that letter on record was in her handwriting, disclosing her plan to accused as to how she would leave her house and join him..........
Criminal Procedure Code, 1973, Section 311A -- Specimen signatures - Magistrate has power to issue directions to any person including an accused person to give specimen signatures and handwriting - Provision of S.311-A with effect from 25.06.2006 is prospective in nature and not retrospective...........
