Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, 94 -- Quashing of order - Summoning of document - Petitioner alleged that neither FIR u/Ss.112, 238, 316(2), 316(5), 318(4), 344 BNS was registered against it nor it was involved in internal affair/ management of institute R against whom FIR was registered - However, material collected during investigation revealed..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 94 -- Summoning of document - Object of S.94 BNSS - S.94 BNSS confers power in hands of Court or Office-in-Charge of police in case of pending investigation, inquiry, trial or other proceedings to produce document or other thing which Court or Police authority deems relevant and cogent for conducting of investigation,..........
Power of Attorney Act, 1882, Section 2 -- General Power of Attorney (GPA) - GPA does not ipso facto change the character of document transforming it into a conveyance deed...........
Will -- Registered Will - Mere fact that Will was registered Will not grant validity to document...........
Bharatiya Sakshya Adhiniyam, 2023, Section 72 -- Comparison of signatures by Court - Admissibility of a document depends not only on whether it bears necessary signatures, but also on whether it satisfies other statutory formalities - Although document has been duly stamped upon payment of deficit duty and penalty, admissibility requires a comprehensive judicial..........
Stamp Act, 1899, Section 33, 35 -- Impounding of document - Photocopy of a document cannot be validated - Only original document can be validated - Even in cases where parties are allowed to lead secondary evidence even then photocopy of document cannot be validated - Impugned order vide which photocopy of document was ordered to be not impounded but deficient stamp duty..........
Will -- Proof of - Will was duly produced and proved through PW3, one of attesting witnesses - While in cross-examination he was unable to recall name of other attesting witness and was confronted with unfounded suggestions of monetary inducement, however, these lapses do not in themselves, shake the core of his testimony or legal validity of execution - Document bears..........
Caste certificate -- Validity - Pre-Independence document certifies that appellant's grandfather belongs to Koli Mahadev Tribe - Greater probative value thus, ought to be given to said document - However, on basis of presumptions and assumptions said document has been disbelieved - Order of Scrutiny Committee invalidating appellant's caste claim as well as impugned..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Contemporaneous signatures - Application for comparison of signatures dismissed on the ground that documents containing admitted signatures were not contemporaneous documents - However, High Court has not made any observation with respect to whether document is contemporaneous or not, nor that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for specific performance - Several facts pleaded in plaint give rise to institution of suit - Recitals in suit document concerning delivery of property after expiry of lease and thereafter execution of document in favour of plaintiff, can be termed as one of facets of cause of..........
