Will -- Proof of - One small factual error which does not affect validity of a registered Will, not sufficient to discard registered Will, particularly when brother of testator has appeared in evidence and supported case of propounder of Will...........
Criminal Procedure Code, 1973, Section 161 -- Statement given by an accused to police u/s 161 Cr.P.C. is not admissible as evidence...........
Evidence Act, 1872, Section 25 -- Confessional statement given by an accused before a police officer is inadmissible as evidence...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Recovery of stolen gold material and weapon of offence - Gold which was recovered has not been identified as one which was stolen from house of deceased - Recovery of knife was also doubtful, as recovery effected after 4-1/2 months with no explanation for such delayed recovery - Independent..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Accused belong to gang which commits crime of similar nature - Accused are involved in 20-25 similar cases - However, no documents or any proof was submitted regarding same - Said factor therefore, cannot be taken into account - Since offence in question is otherwise not proved against accused,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to correct the date of death of one person mentioned in plaint - Plaintiff specifically pleaded that by making amendment, neither nature of suit will be changed nor any prejudice will be caused to defendants - Evidence of parties have already been led and matter is posted for final..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of Courts below that plaintiff miserably failed to prove his possession and ownership over plot in question and accordingly his suit is dismissed on merits - Findings of fact are based on appreciation and re-appreciation of evidence and do not suffer from any..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of witnesses - Prima facie there was substance in the plea of accused for the purpose of leading additional evidence in defence - It would have not caused prejudice to complainant as complainant would have got a chance to cross-examine witnesses..........
Stamp Act, 1899, Section 36 -- Impounding of document - Deficient stamp duty - Court suo moto, has no jurisdiction to impound a document on the ground of deficiency of stamp duty after it has been admitted in evidence - Bar u/s 36 of the Act will be applicable to Court also...........
Evidence Act, 1872, Section 45 -- Voice sample - Direction to give voice sample does not infringe Art.20(3) of Constitution, as voice sample is only for purpose of comparison and is not a testimony...........
