Agreement to sell -- Suit for specific performance - Suit property is situated in Haryana while agreement to sell was prepared on stamp paper purchased from Uttar Pradesh - There is no signature or seal of stamp vendor and neither was any examined by plaintiff - Even name of scribe is not forthcoming despite attesting witness deposing that agreement to sell was written at..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Contemporaneous signatures - There should be a two or three year gap between contemporaneous document - In the instant case, there is six years gap between contemporaneous document - Signature may alter over time even though in the present case it has not been changed purposefully - Application..........
Will -- Suspicious circumstance - Difference of signature of Testator in executing sale deed and agreement for sale and execution of Will - Evidence of attesting witnesses is on record that testator signed Will in their presence - Executor who asserted that Will was not signed by testator, onus is upon him to prove the same by adducing evidence but no evidence is adduced..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures with signatures obtained in open Court instead of his admitted signature of contemporary period - Application rightly dismissed...........
Will -- Suspicious circumstance - Difference in signatures of testator on Will and partition deed - Signatures on Will was done in the presence of attesting witness and Sub-Registrar - Even otherwise, since there is a significant difference of time in signing partition deed and Will deed and by passage of time signature of a person changes, signatures on Will, cannot be..........
Evidence Act, 1872, Section 32 -- Two dying declarations - Deceased alleged in both the dying declarations that her mother-in-law poured kerosene oil on her and her husband got her burnt by matchbox - However, there is no fitness certificate given by doctor in this regard that patient is fit for statement or not - Only signatures and seal of doctors were taken - Second..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Defendant denied execution of promissory note and also denied his signature on promissory note - Comparison of admitted signatures of defendant with signature on promissory note shows that defendant signed on suit pronote and there is similarity in signatures - Evidence of plaintiff and..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Petitioners are Directors of company - However, cheque was issued under signature of Managing director - Vicarious liability would only be placed on persons who were responsible for conducting day to day business of Company - Since petitioners were never associated..........
Indian Penal Code, 1860, Section 467, 468, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 467, 468 IPC - There is no allegation of impersonation by any accused person while executing the sale deed in question - No one has forged signature of complainant or anybody else - Sale deed in question is genuine and not a forged document - Whether it conveys title to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 50, 42 -- Contraband - Recovery of 236 cough syrups containing psychotropic substances - Though independent witnesses turned hostile, they admitted their signature on seizure documents and entire seizure of contraband has been proved through reliable coherent evidence of investigating officer - Even,..........
