Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of site plan - Original document in the office of SDM is missing and photocopy of same is available - Document in question i.e photocopy of original can be permitted to be admitted as secondary evidence as it fulfills the conditions as prescribed u/s 65(c) of the Act - No prejudice is caused to accused, as he..........
Guardians and Wards Act, 1890, Section 7, 8 -- Custody of children - Claimed by mother - Mother developed intimacy with one `S' - Photographs confronted to mother were admitted by her stating the photographs were taken when she had gone to a hotel during evening hours - Wife is guilty of misconduct which would affect the welfare of children - Order entrusting custody of..........
Agreement to sell -- Specific performance - Plaintiff proved that he paid Rs.1,50,000 towards part sale consideration and executed the agreement and also paid a further sum of Rs.65,000 - However, defendants did not demarcate the suit property in terms of agreement of sale - Case of plaintiff was corroborated by PW2, who was present at the time of execution of agreement -..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Evidence of PWs 1 to 3 is consistent regarding execution of promissory note - Defendant failed to show any reason or circumstance to disbelieve evidence of PWs 1 to 3 - He did not deny that promissory note was signed by him - Once it is admitted that defendant had signed promissory note her liability..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 506 -- Anticipatory bail - Cheating - Accused admitted that amount of Rs.50 lakhs has been transferred to her account by informant - She is an advocate and has argued the matter in person - Huge amount of Rs.50 lakhs has been transferred to the account of accused - Anticipatory..........
Evidence Act, 1872, Section 65 -- Secondary evidence - For secondary evidence to be admitted, foundational evidence has to be given being the reasons, as to why original evidence has not been furnished...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Defendant seeking permission to prove certified copy of Registered Will by way of secondary evidence - Defendant pleaded loss of original Will - Plaintiff admitted execution of Will though it was alleged to be result of fraud and misrepresentation - It was only the proof of Will which was the subject matter in the Will..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Husband categorically admitted that he used to visit wife every weekend - Evidently, couple had access to each other - Child was born to couple having access to each other and during subsistence of valid marriage between them - Presumption u/s 112 of the Act gets attracted - Paternity of child held, cannot..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handwriting expert - Denial of signatures on postal acknowledgment - Accused contended that there was a collusion between postal authorities and complainant and signature on postal acknowledgment is forged - It was thus, necessary for trial Court to refer the signature of accused both admitted and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handwriting expert - Denial of signatures on postal acknowledgment - Accused contended that there was a collusion between postal authorities and complainant and signature on postal acknowledgment is forged - It was thus, necessary for trial Court to refer the signature of accused both admitted and..........
