Suit for possession -- On basis of redemption of suit land - Challenging execution of sale deed - Plea of plaintiff that at time of execution of sale deed they were minor and sale deed is forged document - No evidence on record produced to prove minority of plaintiffs through date of birth as well as forgery of document of sale deed - Matriculation certificates have no..........
Agreement to sell -- Plea of fraud - One marginal witness and stamp vendor from whom defendant purchased stamp paper examined - When stamp paper was purchased, defendant has signed endorsement before stamp vendor - No evidence led by defendant to prove that stamp paper was not purchased by him - Defendant admits his thumb impressions and signatures on agreement to sell -..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11(d) -- Rejection of plaint - Jurisdiction of Civil Court - Suit for cancellation of sale deeds and permanent injunction - Plaintiff alleges that power of attorney which formed the basis for execution of sale deed is a fraudulent document and forged and fabricated - Said transaction would only be voidable and cannot be..........
Indian Penal Code, 1860, Section 465 -- Forgery - False document - Accused not made any false document or part of document/record to execute mortgage deed under the guise of that false document - Neither accused No.1 nor accused No.2 can be held makers of forged documents - It is the imposter who can be said to have made false document by committing forgery - Prosecution..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Plea that cheque was issued as security - Onus is on accused to establish that cheque issued was as security but the same was not done - Presumption is in favour of complainant that it was on account of discharge of financial liability - Though such presumption is rebuttable, but..........
Agreement to sell -- Specific performance - Suit dismissed holding agreement to be forged and fabricated document - Validity - Stamp paper on which agreement was scribed is shown to have been purchased by husband of defendant no.1 - Stamp vendor not examined - Agreement not scribed by regular deed writer - It has been scribed on stamp paper purchased for execution of..........
Criminal Procedure Code, 1973, Section 195 -- Bar u/s 195 Cr.P.C. - Cognizance of offence - Where document has been forged and later on produced in Court, bar created u/s 195 Cr.P.C. would not come into play and Court can take cognizance of offence on basis of complaint filed by petitioner...........
Indian Penal Code, 1860, Section 468, 471, 197, 199 -- Offence u/ss 468, 471, 197, 199 IPC - Offence not travelling beyond Ss.197, 199 IPC i.e of making a false declaration before a public servant for gaining promotion - Ex-facie offences u/ss 468, 471 IPC cannot be sustained, as no document was either forged or fabricated by petitioner - Moreover, compliant filed by..........
Indian Penal Code, 1860, Section 420, 406, 467, 120B -- Cheating - Forged legal heir certificate - No evidence on record that any document produced in order to cheat any particular person - Amount if withdrawn on basis of legal heir certificate is not proved to be misappropriated by accused - Handwriting expert not stated anything positive with regard to matching of..........
Will -- Proof of - Will produced by defendant no.1 not proved in accordance with law, as execution of Will denied by attesting witness DW4 - DW4 further deposed that Will is forged document and signatures were obtained in blank papers by misrepresentation - Alleged Will become suspicious and not proved by attesting witnesses - Will held, not proved...........
