Will -- Execution - Proof of - Expression "execution" does not merely means the signature but means that executant or person who puts signature has done so after understanding contents of document - In other words, it has to be proved that hand which had signed the document was with the mind...........
Evidence Act, 1872, Section 45 -- Will - Expert opinion - Dismissal of an application u/s 45 of Act, merely on the ground that attestors of Will were examined to prove its execution is not legal - If there is anything suspicious in the signature, evidence of an attestor, who attests the signature can certainly be corroborated or contradicted by expert opinion - Application..........
Will -- Suspicious circumstances - Will propounded by defendant No.2 contained a recital that there was partition in 1964 between testator and defendants - Evidence on record shows that sham partition was set up to ensure that a collusive decree was passed - Moreover signature of executant on second page of said Will is not put horizontally but at an angle and Will itself..........
Will -- Suspicious circumstances - Signature of testator forged - Will was stated to be kept with an attestor who deposed in favour of wife of defendant No.2 in maintenance suit filed by her against testator and defendants, which is a suspicious circumstance - Execution of said Will not made known to relatives of testator for about one year - It was produced in Court by..........
Indian Penal Code, 1860, Section 380, 413 -- Theft - Stolen property - No recovery effected from accused persons - No evidence to prove that accused `M' purchased stolen articles from co-accused - PWs admitted that no notice was issued to complainant before identification proceedings - Identification proceedings does not bear the signature of witnesses - Prosecution failed..........
Negotiable Instruments Act, 1881, Section 138, 139, 141 -- Dishonour of cheque - Company - Cheque returned with endorsement that joint signatures are required - Offence u/s 138 of the Act is still attracted as accused cannot avoid responsibility - Complainant did not know that joint signature are required - As per S.139 of the Act it has to be presumed that cheque was..........
Will -- Execution - Proof - A person propounding Will has to prove that Will was duly and validly executed - That cannot be done by simply proving that signature on Will was that of testator but must also prove that attestations wee also made properly as required by clause (c) of S.63 of Succession Act...........
Indian Penal Code, 1860, Section 409 -- Criminal Breach of trust by public servant - PW1 is not only the informant but he is the one who initiated departmental inquiry and his authority to hold inquiry after lodging FIR was questioned and criticized by defence - PW1 has only stated that transfer of fertilizer cannot be done without permission of competent authority -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan admitted - Plea of return of loan - Repayment of loan entered in a diary, which is alleged to bear the signature of complainant - Complainant denied her signature - No evidence to prove the alleged signatures of complainant - No handwriting expert examined to prove the alleged signature of..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), (2), 20 -- Illegal gratification by public servant - Complainant put the tainted money in the pocket of accused when accused gave an indication by show of palm - Complainant lodged an oral complaint, written by another person who was not examined - No evidence to show whether money put in pocket of accused forcibly..........
