Will -- Execution - Proof - It is incumbent on attesting witness while appearing in Court and tendering his affidavit by way of examinatio, i, chief in evidence, identify the signature of the executant and signatures of himself and other witnesses on the document, without which a document as Will is not proved...........
Evidence Act, 1872, Section 67 -- Document - Proof of - If a document is signed by any person then sign must be proved - To prove sign, witness has to identify signature on document...........
Evidence Act, 1872, Section 92 -- Registered document - Varying, adding or subtracting terms thereof by oral evidence - Not admissible - It is not necessary that document should be one which is compulsorily required to be registered as per law applicable...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff claims title over suit property by way of oral partition before 50 years ago - Patta was issued in the name of plaintiff on basis of said oral partition - However, no revenue document was produced to prove his possession for past 50 years - Plaintiff not entitled..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of I.O - For purpose of exhibiting FSL report - FSL report is an important document in NDPS case, which would help Court to reach to a just decision - Recalling of I.O therefore held, appropriate - Application rightly allowed...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Eviction petition - Plea of decree holder/tenant that no new document can be taken into account by executing Court - Boundaries of demised premises had been mentioned by decree-holders/landlord in petition for eviction which has been allowed - If site plan has been produced before executing Court in terms..........
Document -- Proof - Author of document not examined - Person examined not explained as to how he had acquaintance with the signature of author of said document - Held, document not duly proved...........
Indian Penal Code, 1860, Section 379A, 201, 34, Evidence Act, 1872, Section 3 -- Offence u/s 379-A, 201, 34 IPC - Appreciation of evidence Accused persons got recovered snatched mobile phone in pursuance to disclosure statement - However, disclosure statements does not lead to any recovery of mobile phone at instance of any of accused persons - Even, mobile phone produced..........
Agreement to sell -- Specific performance - Readiness and willingness - No document on record to indicate availability of balance sale consideration on the date when plaintiff had gone to office of sub-registrar and as on date of filing of suit property - Balance amount deposited only after suit was decreed at the first instance and not as on date of filing of suit -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan of Rs.75,000/- - Accused known to complainant for more than five years - Accused not explained the circumstances under which two cheques were issued - Failure to obtain promissory note or nay other document at the time of giving loan cannot be said to be fatal - Two cheques carry with them..........
