Succession Act, 1925, Section 281 -- Probate - Non-verification of probate petition by one witness to Will, makes the petition defective one - Grant of probate improper for want of no, compliance of S.281 of the Act...........
Civil Procedure Code, 1908, Section 151 -- Correction of error in affidavit - U, signed affidavit - Court is duly vested with powers u/s 151 CPC to correct any error and if there is any mistake on the part of witness by not putting the signature on the affidavit, Court can certainly ask such person to do the needful - Moreover, objection to the same has to be pointed out..........
Criminal Procedure Code, 1973, Section 157 -- FIR - Copy not sent to Magistrate - FIR when received by Magistrate assumes significance when testimony of eye witness/informant is not of sterling quality, as, possibility of ante timing of FIR to introduce a witness cannot be ruled out...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witness surrounded with suspicion - In fact he is not an eye witness to the occurrence - Informant exhibits unnatural conduct in as much as he did not bother in calling the police after escaping from spot of occurrence - Aspect of availability of eye witness shortly after arrival of police is shrouded in..........
Will -- Suspicious circumstance - Thumb impression of testator - Plaintiffs contended that testator used to sign the documents in Urdu in his life time but Will bears his thumb impression, which renders Will doubtful - However, said fact is not proved on record as, testator suffered a mild paralysis in his right hand, due to this he was not in a position to properly sign..........
Indian Penal Code, 1860, Section 302 -- Murder - Six accused were implicated for murder of deceased out of which four acquitted and one died - Present accused convicted on the basis of testimony of PW1, an eye witness - Incident occurred at night in dark area - Prosecution failed to establish that there was sufficient light in which PW1 could see the accused who attacked..........
Indian Penal Code, 1860, Section 302 -- Murder in Courtroom - Presence of eye witness PW 28 on the spot not doubtful as he is a Police Officer who was required to give evidence in adjoining Court - In case of any Commotion as a result of any assault, a trained Police officer is certainly expected to reach the place in question, which PW28 did with promptitude - Evidence..........
Indian Penal Code, 1860, Section 302 -- Murder in Courtroom - Identity of accused - Eye witnesses clearly identified both the accused, as accused were involved in criminal activities - Moreover, it would be natural for PW 28 a police officer who had spent 10 years in police service in the area to be aware of the identity of both the accused - Similarly the other eye..........
Will -- Proof - Attesting witness - DW2 in his statement clearly established that apart from being an identifier he had also attested the Will as an attesting witness - This witness had the necessary animus to attest the Will as a `witness' and not a mere identifier...........
Indian Penal Code, 1860, Section 302 -- Murder of step mother and her children - Circumstantial evidence - Ghastly murder of five members of a family - However, there is no evidence on record to prove guilt of accused - Dying declaration of one of deceased is not proved on record - Material improvements into testimony of PW14, witness of dying declaration - Merely on the..........
