Agreement to sell -- Specific performance - Agreement to sell executed on 23rd whereas stamp paper for agreement purchased on 27th - Plaintiff not coming to Court with clean hands - When such is the credibility of agreement, evidence of attestors and anyone testifying to have been a witness to such agreement would only be nothing but untrustworthy - Agreement to sell is..........
Evidence Act, 1872, Section 61, 67, 68 -- Contents of document - Proof - Examination of scribe not necessary when contents of document otherwise proved - Contents of document proved by attesting witness - Stamp paper purchased by defendant and it was scribed in his presence - Attesting witness witnessed the scribing of document as well as the aspect of it being singed..........
Registration Act, 1908, Section 17, 49 -- Unregistered document - Admissibility - Photocopies of Receipt, Possession Letter, photocopy of unregistered Will, Agreement to Sell and General Power of Attorney on plain paper placed on record are inadmissible in evidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 42(2) -- Recovery of 95 kgs ganja - Independent witnesses of recovery - He put his signatures on a paper not knowing as to whether it was a written paper or a white paper or it was a seizure list or something else - His evidence is totally vague - However, evidence of PWs 1, 2, 4, 7 & 8 clearly..........
Indian Penal Code, 1860, Section 302 -- Murder of 10 years old child by strangulation - Accused allured the deceased and PW4 by promising to give them bat and ball - He pushed some paper forcibly inside the mouth of deceased leading to bleeding injuries on being pressurized by child for bat and ball and strangulated him by napkin - Confessional statement of accused being..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased wrote two post cards before death - Prima facie it is most unreliable that when a person is going to commit suicide he will mention all the facts on a paper and write any post card to somebody - Even otherwise, no date was mentioned on said post cards - More so, there is no evidence on record to prove..........
Negotiable Instruments Act, 1881, Section 118(a) -- Pronote - Presumption - Suit for recovery - In the instant case, plaintiff is involved in money lending business without obtaining any licence under Money Lender`s Act and defendant admits his signature on pronote and receipt but with a rider that signatures were obtained on blank paper in fiduciary relationship -..........
Stamp Act, 1899, Section 35, Article 5(c) -- Stamp duty - Agreement to sell - Executed on deficient stamp paper - Agreement is admissible in evidence on payment of penalty equivalent to 10 times of deficient portion of stamp duty plus deficiency of stamp duty - In the instant case agreement was executed on stamp paper of Rs.300/- whereas as per Art.5(c) of Sch.1 of Stamp..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of a young man aged 28-30 years - Homicidal death and wounds caused by sharp edged weapon - Mutilated headless corpse recovered from a carton box, both hands, legs and genitalia chopped off - Identity of deceased proved on record - Call records with location chart affirms charge against accused - Recoveries at the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 108 packets of Poppy husk - Appeal against conviction - Accused acquitted viz. : (i) Independent witness not examined; (ii) consent memos have been fabricated later on just to complete the paper work; (iii) documents have not been prepared in the manner projected by prosecution, which renders..........
