Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 18(b) -- Recovery of 2 kgs 750 gms opium - Independent witnesses not supported prosecution case - However, non-support of independent witnesses, who have admitted their signature on each and every document prepared on the spot and do not offer any plausible explanation, does not create any doubt towards..........
Will -- Suspicious circumstance - When Will is surrounded by suspicious circumstances, Court would expect that legitimate suspicion should be removed before document is accepted as last Will of testator...........
Will -- Suspicious circumstances - (i) Will is type written on 3 different sheets of paper; (ii) placement of signatures of testator is not of uniformity and excessive space is seen between typewritten contents and signatures on page nos.1 & 5; (iii) different pens have been used for signatures on different pages with ink pen and ballpoint pen; (iv) all typewritten pages..........
Will -- Suspicious circumstances - Several blank spaces are found in relation to particulars of properties and even some of properties are not correctly described - Even, dates mentioned in Will with reference to Hindi Calendar and English Calendar do not match - Another curious feature is recital in Will of a past event in the manner that such event shall happen in..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Unregistered and unstamped agreement - Admissibility in evidence - Objection not raised by defendant to filing of document as well as exhibition and admission thereof in evidence - Objection subsequently taken could only be decided at last stage of trial - Objection rightly rejected...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Matrimonial litigation - Wife sought permission to recall herself and to mark passport of husband - Husband admitted that passport is with wife - Wife permitted to recall herself and mark the document through her...........
Evidence -- Document admitted by opposite party, does not require to be proved by way of evidence...........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Admissibility of documents - Documents admitted in evidence without objection - Objection that documents are irrelevant and inadmissible raised at the stage when case was posted for arguments - Court can exercise its discretion U.O.13.R.3 CPC at any stage of the suit to reject any document which it considers irrelevant or..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Comparison of signatures of executant on Will - Application by defendant rejected on the ground that there is no admitted document containing the signatures of executant of Will - Sale deed on record containing signatures of executant of disputed Will - Plaintiff produced their own..........
Goa, Daman and Diu Land Revenue Code, 1968, Section 14(2), 36, 199(2), Goa, Daman and Diu Land Revenue (Record of Rights and Register of Cultivators) Rules, 1969, Rule 5, 6, Specific Relief Act, 1963, Section 34 -- Title of Government to lands - Counter claim - Suit survey is forest land and in exclusive possession of Forest Department - Plaintiff filed Objection to entry..........
