Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Admitted signatures - Signature scribed in the open Court, vakalat, suit summons and written statement cannot be termed as an admitted signature as there is every likelihood of defendant disguising the signatures...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Defendant did not file any authentic document which contained his admitted signatures - Signature scribed in the open Court, vakalat, suit summons and written statement cannot be termed as an admitted signature as there is every likelihood of defendant disguising the signature - Application..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Second appeal could be admitted only when appellant satisfies the Court that substantial questions of law between parties arise - Proper test for determining whether a questions of law raised in the case is substantial would be or whether it directly and substantially affects the..........
Agreement to sell -- Specific performance - Bona fide purchasers - Agreement in question was not executed by all the co-owners - Agreement to sell was incomplete and unenforceable against Defendant Nos.6 to 8, who held a majority share in the property - Enforcing such an agreement would be inequitable - All the co-owners of property transferred the suit property in favour..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Report elicited from an expert through process of Court - It is not open for that party, that too in a private complaint u/s 138 of NI Act, to seek process of Court, to obtain another report, without even setting aside the first report...........
Constitution of India, 1950, Article 226 -- Writ petition - When a party is relegated to High Court to pursue its remedies, it would not be proper in the normal course to bind High Court with directions in relation to proceedings to be impugned before Court - Ordinarily, Supreme Court would leave all issues open for the party so relegated to raise and pursue before High..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Law as to: (i) Accused is entitled to seek anticipatory bail in connection with an offence so long as he is not arrested in relation to that offence - Once he is arrested, only remedy available to him is to apply for regular bail either u/s 437 or S.439 Cr.P.C, as the case may be; (ii) There is no express or..........
Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendant as plaintiff - Plaintiff not abandoned or withdrawn the suit - There is no question of transposition of defendant as plaintiff - However, if at any stage, plaintiff seeks to withdraw or abandon the claim or is not conducting the suit further, then at that stage, it will be open for trial Court to..........
Indian Penal Code, 1860, Section 307, 323, 325, 341, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Compromise - Parties are husband and wife and a compromise arrived at between them - They reached a point of dissolution of marriage and have also settled all their issues like custody of minor daughter, permanent alimony, istridhan etc. -..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Stay of decree for payment of mesne profits, passed jointly and severally against defendants - Stay order not reasoned - Therefore, it shall be open for plaintiffs to move a fresh application before appellate Court, praying for mesne profits as also for enhancement of mesne profits during course of appeal...........
