Civil Procedure Code, 1908, Section 151 -- Additional evidence - Additional evidence may be permitted where it is necessary for just decision of case, even if due diligence was not shown earlier, subject to compensating opposite party with appropriate costs...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents are material for determining title and possession of disputed property - Documents are official records and rejection of application has resulted in failure to consider documents crucial for adjudication of real controversy - Documents are not voluminous nor would their production prejudice..........
Indian Penal Code, 1860, Section 420, 120B, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Cheating - Quashing of proceedings - Matter is essentially of civil nature and is liable to be settled on the basis of evidence of parties in civil proceedings - No case of cheating appears to be made out against applicant - Criminal prosecution is nothing but an abuse of..........
Indian Penal Code, 1860, Section 302 -- Murder - Material contradiction in the evidence of PW1 and PW2 - Complainant is also a witness to recovery of pillow whereas neither FIR nor evidence of PW1 and PW2 discloses about use of pillow for pressing mouth of deceased and no evidence of use of the same have been found - Though complainant was not present at the time of..........
Evidence Act, 1872, Section 73 -- Comparison of signatures by Court - Disputed signature is of the year 2016 and admitted signatures is of the year 2019 - Trial Court could have summoned some other documents which are admittedly signed by petitioner in the year 2016 or send the available signatures on vakalath and written statement to be compared with disputed signatures -..........
Will -- Registered Will - Presumption - Will was registered during life time of testator and certainly presumption lies in validity of Will, when no material evidence was produced by petitioner to revert said presumption...........
Will -- Attestation - While scribe is not considered an attesting witness unless he signs Will with intention to attest it, his statement still provides important supporting evidence...........
Evidence Act, 1872, Section 45 -- Expert opinion - While expert opinion is not mandatory, nevertheless when authorship is central to establish the guilt of accused and by direct evidence it is not demonstrated to show that alleged writing has been made in the presence of a witness, non-examination of an expert or any other cogent proof of authorship to corroborate alleged..........
Indian Penal Code, 1860, Section 420, 468, 471, 511, 34 -- Cheating - Forgery - Documents in question were stamped by college authorities and passed through administrative scrutiny - In the absence of evidence that appellant had dishonest intention to either make false document or knew of its falsity while submitting it, mental status or mens rea remains unproved -..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Plaint cannot be rejected on the ground of bar U.O.2.R.2 CPC, as whether a suit is barred by provisions of O.2.R.2 CPC, is to be established by leading cogent evidence and cannot be presumed merely on basis of inferential reasoning...........
