Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Earlier application for expert opinion was rejected - Plea which was available at the time of filing of first application, not taken at that time, such plea could legally not be taken in second application - However, liberty was granted by Court for filing appropriate application by placing..........
Arms Act, 1959, Section 25 -- Offence u/s 25 of the Act - All PWs were subjected to cross-examination and nothing material could be found, which could shatter their testimonies in any manner - Even pistol was taken out of armour and it was found to be in working order and report of armour was on record - Non-examination of independent witness would not be fatal, as the..........
Arms Act, 1959, Section 25 -- Offence u/s 25 of the Act - Reduction of sentence - Petitioner is facing prosecution since 2002 i.e. for the last about 22 years - He was only 22 years old at the time of commission of offence - Petitioner has already undergone 5 months and 2 days of sentence (including remissions) out of total sentence of 1 year - Thus, it would be..........
Agreement to sell -- Suit for specific performance - Limitation - As per agreement time not fixed for execution of sale agreement - Limitation is thus governed by second part of Art.54 of Limitation Act - Limitation of three years starts to run when plaintiff has notice that performance has been refused...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Contention that doctrine of lis pendens does not apply because the petition for review was lying in the registry in a defective state cannot be accepted - Contention rejected, as Doctrine of lis pendens kicks in at the stage of `institution' and not at the stage when notice is issued by Court - Thus,..........
Partnership Act, 1932, Section 37 -- Right of outgoing partner - Suit for dissolution of firm - Assets of Firm were taken over by defendant No.4 - If defendant No.4 is carrying on business with the assets of Firm, till a final settlement is made, an outgoing partner has right to seek for accounts and a share in the profits which might be derived from his share in the..........
Civil Procedure Code, 1908, Section 24, 22, 23, 2(4), Family Courts Act, 1984, Section 7 -- Transfer of matrimonial case - Jurisdiction of Court - Where Lucknow Bench would be appellate Court competent to hear appeals against an order passed by Family Court situated in any of Courts subordinate to it and functional within its territorial limits of jurisdiction, transfer..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Property has been partitioned in view of subsequent development and instrument of partition has been prepared - There is severance of status between co-sharers - Co-sharers are entitled to take possession in implementation of instrument of partition - Prayer for injunction thus, become infructuous...........
Succession Act, 1925, Section 372 -- Succession certificate - Petitioners have declared that deceased had not left any Will and died intestate leaving behind them to inherit his property as class-I heir - Computer generated legal heir certificate accompanied with a certificate u/s 65-B of Evidence Act is marked to prove their legal heirship - Identity of petitioners proved..........
Money suit -- Suit based on dishonoured cheque - Suit against successors of deceased drawer of cheque - Once it is proved that cheque bears signature of deceased drawer then there is presumption u/s 118(a)(b) and 139 of Negotiable Instruments Act...........
