Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed and permanent injunction - Concurrent findings of facts recorded by two Court below that suit is hit by limitation being not filed for a period of more than 3 years from the date of knowledge of sale deed in question - Mutation of subject land was also recorded way back in the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25 -- Contraband - Recovery effected from truck - Accused was neither arrested on the spot nor he was in the truck at the relevant time - He was arrested merely on the ground that he is registered owner of truck - No material produced against accused by prosecution to discharge initial burden to prove that..........
Indian Penal Code, 1860, Section 364A, 307, 149 -- Offence u/ss 364A, 307, 149 - No evidence is available on the record to show the source of knowledge on the part of the informant or the details in respect of demand of ransom by the accused persons/appellants, as the alleged ransom letter is not proved - Even PW3, the victim, nowhere states in respect of any threatening..........
Indian Penal Code, 1860, Section 364A, 307, 149 -- Offence u/ss 364A, 307, 149 - No evidence is available on the record to show the source of knowledge on the part of the informant or the details in respect of demand of ransom by the accused persons/appellants, as the alleged ransom letter is not proved - Even PW3, the victim, nowhere states in respect of any threatening..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After framing of issues - Amendment sought to challenge the Will - Will in question came to knowledge of plaintiff only after written statement was filed - Proposed amendment would be necessary for determining real question in controversy - Application allowed subject to payment of Rs.30,000/- as costs...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Re-examination of complainant - Accused has nowhere mentioned as to how recalling of complainant is essential for just decision of case - Only ground taken by accused is that due to inadvertence, his counsel did not ask questions regarding veracity of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Alteration in date of cheque - Accused produced Xerox copy of cheque wherein bank seal is visible - That itself disclosed that after bouncing of cheque it was xeroxed and it is evident that when cheque was issued, it was already tampered as the date was altered and it was within knowledge of accused - A..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compliant by power of attorney holder - Such power of attorney holder or legal representative should have due knowledge about the transaction in question - Power of attorney holder accountant of complainant and working under him - Under such circumstances, his knowledge itself is presumed and that has..........
Will -- Attestation - To be an attesting witness, it is essential that witness should have put his signature for the purpose of attesting that he has seen the executant sign or has received from a personal knowledge of his signature - If a person put his signature on the document for some other purpose, he is not an attesting witness...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in sudden quarrel picked up by accused when deceased asked them not to shout and vacate the place - No previous motive for accused to kill deceased and neither was there any previous enmity between accused and deceased - Accused were not armed with any weapon when they came to place..........
