Agreement to sell -- Specific performance - Agreement alleged by executed under duress, coercion or undue influence - Defendant admitted his signature on the agreement of sale and further overleaf the agreement in his own handwriting and admitted receipt of Rs.5,000/- and extension of date - All these acts were voluntarily done by defendant - Defendant cannot be permitted..........
Evidence Act, 1872, Section 73 -- Comparison of signatures - Court as a matter of prudence and caution should hesitate or be slow to base its findings solely upon the comparison made by it - However, where there is an opinion whether of an expert, or of any witness, Court may then apply its own observation by comparing the signatures, or handwritings for providing a..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, Contract Act, 1872, Section 16 -- Undue influence - Pleading - If there are facts on record to justify the inference of undue influence, the omission to make an allegation of undue influence specifically, is not fatal to the plaintiff being entitled to relief on that ground - All that Court is to see is that there is no..........
Contract Act, 1872, Section 16 -- Undue influence - Exchange deed - Brother and sister executing a deed of exchange wherein sister exchanged her bigger house with smaller house of brother - Held, exchange deed was executed under undue influence as sister was unmarried and was dependent on her father and brother for settling her marriage and for sustenance and there was no..........
Evidence Act, 1872, Section 32 -- Dying declaration - Made at the earliest opportunity without any influence - There is absolutely no reason to take any other view for the cause of his or her death - The statement has to be accepted as relevant and truthful one, revealing the circumstances which resulted into his death - Absence of any corroboration cannot take away its..........
Will -- Beneficiary an outsider - Fraud or undue influence - Will executed in favour of daughter of friend who had moved to the residence of the testator and testator received her company and her assistance in the twilight of his years - Beneficiary won confidence or kindness of testator who bequeathed his properties upon such behaviour - Testator with a free mind decided..........
Criminal Procedure Code, 1973, Section 311 -- Additional witness - A child, aged 8 years at time of occurrence, sought to be summoned after 3 years of occurrence - Statement of child not recorded u/s 161 Cr.P.C. - Child living with complainant side and chances of her being under their influence cannot also be ruled out - However, in view of the fact that one of the eye..........
Evidence Act, 1872, Section 47, 73 -- Scope - Identification of handwriting - S.73 provides for comparison by Court with writing sample given in its presence, or admitted, or proved to be writing of concerned person - However, opinion of handwriting expert is fallible/liable to error like that of any other witness, yet it cannot be brushed aside as useless - Court may..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Sought during pendency of appeal filed against dismissal of petition for divorce - Waiting period of six months waived - Divorce by mutual consent granted as there is no possibility of reconciliation between the parties and decision is not influenced by any external factors including coercion intimidation..........
Evidence Act, 1872, Section 154 -- Hostile witness - Where attempt is seen to win over the witnesses by making them turn hostile to the prosecution, then the Court has to remain alert and on the guard, so that any undue influence over the course of trial is checked and nipped in the bud at appropriate stage only - For this purpose, court has not to wait for trial to end..........
