Criminal Procedure Code, 1973, Section 311 -- Examination of private handwriting expert - FSL report of suicide note - Suicide note in question was already examined by police during investigation from concerned Department - Said examination was deemed to be legitimate - Since Court had already ruled in the matter and petitioner did not obtain necessary approval to conduct..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Interrogatories that are not related to matters in issue will be deemed irrelevant, even if such matters might be admissible on oral cross-examination of a witness - Court will not grant leave to deliver such interrogatories...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death was suicidal is very clear from expert evidence - Demand of dowry was not proved by prosecution - Brother and father of deceased admitted in their deposition that they had not personally witnessed any physical violence on deceased - Father of deceased also deposed that accused/son-in-law was quite aware of his..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property transferred by mother in favour of her son with condition that he will take care of her and in absence of same, transfer deed will stand cancelled - Mother is not maintained by son and after transfer of property in favour of her son she is not allowed to..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal - An appeal can be filed with copy of judgment, if decree has not been issued and it shall be deemed to be a decree for the purposes of appeal, till the decree is issued as it contains only the contents of judgment by concerned Court - However, once a decree is drawn it shall cease to have effect of a decree for the..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Evidentiary value - Disclosure statements per se unaccompanied by any supporting evidence, cannot be deemed to be adequate to secure a conviction...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principles of res judicata not only apply in respect of separate proceedings but general principles also apply at the subsequent stage of the same proceedings also and same Court is precluded to go into that question again which has been decided or deemed to have been decided by it at an early stage...........
Evidence Act, 1872, Section 67 -- Will - Attestation - Benefit given to attesting witness - Merely because a benefit is given either by way of a bequest or by way of appointment to any attesting witness, Will shall not be deemed to be insufficiently attested, but bequest or appointment shall be void so far as it relates to attesting witness or wife or husband of such..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Allegations of fact not denied specifically - Same are deemed to be admitted - By asserting adverse possession, defendant impliedly admitted plaintiff's title...........
Will -- Suspicious circumstance - Testatrix was about 80 years old and travelled by bus and walked a little for executing the Will/having it registered - However, said fact itself does not cast any doubt on the execution of Will, since a lady of advanced years in a rural area ought not to be automatically deemed to be so physically unfit as to be unable to undertake the..........
