Stamp Act, 1899, Section 35, Registration Act, 1908, Section 49 -- Unstamped Instrument - Not admissible in evidence even for collateral purpose, until the same is impounded - Therefore, if a party wants to mark the document for collateral purpose, it is open for it to pay stamp duty together with penalty and get the document impounded and trial Court is at liberty to mark..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Order 26, Rule 10A -- Handwriting expert - Comparison of signatures - Signatures obtained in open Court which are on suit summons, vakalat and written statement would be later in point of time than the suit agreement of sale - Said signatures are not safe to take as specimen signatures for comparison with disputed..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Order 26, Rule 10A -- Handwriting expert - Comparison of signatures - Signatures obtained in open Court which are on suit summons, vakalat and written statement would be later in point of time than the suit agreement of sale - Said signatures are not safe to take as specimen signatures for comparison with disputed..........
Evidence Act, 1872, Section 65B -- Electronic record - Petitioner intends to mark two photos as document along with compact disk - These two documents are electronic records and admissibility of said documents depends upon conditions to be satisfied as contemplated u/s 65-B of the Act - Admittedly, no such certificate has been produced before trial Court - Question of..........
Indian Penal Code, 1860, Section 307, 392, 397, 120B -- Attempt to murder - Complainant was abducted and two accused made an attempt to kill him but he escaped - Injuries sustained by complainant in the incident match the case of prosecution - An attempt was made by two accused to dispose of the body of complainant by burning the body - There were burn injuries on both his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Long custody - Recovery of huge quantity of intoxicating tablets - Accused is in custody for more than 3 years and 4 months - 11 PWs out of 19 are yet to be examined - Trial has not even reached halfway mark - Bail granted to accused solely on..........
Will -- Proof - Principles required for proving validity and execution of Will - (i) Court has to consider two aspects: firstly, that the Will is executed by the testator, and secondly, that it was the last Will executed by him; (ii) It is not required to be proved with mathematical accuracy, but the test of satisfaction of the prudent mind has to be applied; (iii) A Will..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Determination of valuation of suit pertaining to infringement of trade mark is a mixed question of facts and law and same can be decided at the time of final adjudication of suit - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Determination of valuation of suit pertaining to infringement of trade mark is a mixed question of facts and law and same can be decided at the time of final adjudication of suit - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Summoning of witness - Certified copies of evidence of witness in other proceedings, which are relevant, sought to be confronted with the witness - Court ought to have given an opportunity to mark the same through said witness - Application allowed...........
