Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Orders/judgments passed by Revenue Court placed on record by defendants - Such orders/judgments admitted by plaintiff in plaint - Court can take these into consideration while deciding application U.O.7.R.11 CPC...........
Will -- Proof - Defendant pleaded that testator had no right to execute the Will and he did not execute the Will with a sound mind - Will was thus admitted document which was not even required to be proved by plaintiff - Even if it is assumed that same was required to be proved, S.68 of Evidence Act does not apply - As it was proved on record that neither executant nor..........
Will -- Proof - Neither executant nor attesting witnesses were alive - Will was admitted document on record - Presumption u/s 90 of Evidence Act was most plausible recourse and rightly adopted by Courts below...........
Evidence Act, 1872, Section 58 -- Admission - Fact admitted need not be proved, as S.58 of the Act dispenses with proof of an admitted fact...........
Evidence Act, 1872, Section 112, 45 -- DNA test - Paternity of child an admitted fact and not a question in controversy - DNA examination is quite unnecessary in such a case - Application for DNA test rejected...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Summoning of opposite party as its own witness - Entire case of plaintiff is based on agreement to sell - Opposite party not named in the list of witnesses - Opposite party not a signatory of the said agreement - Presence of opposite party not relevant especially in view of admitted fact that opposite party is not a signatory..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Inconsistent and contradictory allegations in negation to admitted position of facts or mutually destructive allegations of facts should not be allowed to be incorporated by means of amendment of pleadings...........
Evidence Act, 1872, Section 73 -- Comparison of signatures by Court - Comparison of disputed signatures with admitted signatures, by Court, cannot be done by Court on a casual perusal or a mere glance, particularly without even recording an analysis of characteristics of admitted signatures as compared to those of the disputed one...........
Evidence Act, 1872, Section 73 -- Comparison of signatures by Court - The phrase `admitted or proved to the satisfaction of the court' used in S.73 contemplates that specimen document taken for comparison of writing or signature in the purported document must be undisputed one and all parties to the dispute must admit the specimen signature or writing in the base document...........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Suspension of sentence during pendency of appeal against conviction - Recovery of 21 kg poppy husk - Accused had undergone total actual sentence of 4 months and 7 days - There is no case registered against him of similar nature - Appeal is admitted and it is..........
