Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 29, Indian Penal Code, 1860, Section 279, 336, 427 -- Bail - Contraband - Contraband recovered from abandoned car which was found to be registered in the name of petitioner - Plea of petitioner is that he had already sold the said vehicle to one `H'..........
Hindu Marriage Act, 1955, Section 13(1)(v) -- Divorce - Sought on the ground that wife is suffering from venereal disease - Husband failed to produce any medical record of wife in support of his allegation that wife is suffering from venereal disease in a communicable form - Parties had resided together for close to two years - During this period, if husband had..........
Evidence Act, 1872, Section 69 -- Will - Proof of document where no attesting witness is found - It is imperative to comply with O.16.R.10 CPC before resorting to S.69 of the Act and only when attesting witnesses do not respond to the summons issued U.O.16.R.10 CPC, then after following due procedure laid down therein, any other witness as stipulated u/s 69 of the Act can..........
Agreement to sell -- Suit for specific performance - Suit property is situated in Haryana while agreement to sell was prepared on stamp paper purchased from Uttar Pradesh - There is no signature or seal of stamp vendor and neither was any examined by plaintiff - Even name of scribe is not forthcoming despite attesting witness deposing that agreement to sell was written at..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Main purpose of O.18.R.17 CPC is to enable Court to clarify any doubt which it may have with regard to evidence led by parties - However, provision of O.18.R.17 CPC cannot be used to fill omissions in the evidence of a witness who already stands examined in detail...........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Examination of a party after examination of his witnesses - Without permission of Court a party cannot be examined after examination of witness for him - Said permission can be accorded even after examination of such witness, but before examination of the party...........
Will -- Proof - When attesting witness, who himself was a medical practitioner, has been examined, there is no need for propounder of Will to file medical fitness certificate of testator on record...........
Indian Penal Code, 1860, Section 304A, 279, 332, Evidence Act, 1872, Section 9 -- Rash and negligent driving - Non-conducting of Test Identification Parade - Multiple passengers were travelling in the canter being driven by accused - They suffered injuries in the accident and three persons lost their lives - Injured witnesses had ample opportunities to see accused during..........
Will -- Proof - Attesting witness has been found to be untrustworthy - He has been changing his version as per his convenience - Other attesting witness was not examined - Will not proved...........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Witness - Same witness for both the parties - Witness scribed two Wills, one in favour of plaintiff and other in favour of defendant - Scribe can be examined independently by plaintiff and defendant...........
