Evidence Act, 1872, Section 73 -- Comparison of signatures by Court - Disputed signature is of the year 2016 and admitted signatures is of the year 2019 - Trial Court could have summoned some other documents which are admittedly signed by petitioner in the year 2016 or send the available signatures on vakalath and written statement to be compared with disputed signatures -..........
Will -- Attestation - While scribe is not considered an attesting witness unless he signs Will with intention to attest it, his statement still provides important supporting evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Unless petitioner pleads bar U.O.2.R.2 CPC in his written statement and an issue in this regard is framed and adjudicated upon, it is not possible without any evidence to conclude that suit is barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte order - Setting aside - Petitioner was served with summons in the suit and he had made appearance through his counsel in 2016 - Thereafter, there is failure to file written statement and petitioner was set ex parte - Petitioner had an opportunity to file written statement after receiving summons in suit..........
Civil Procedure Code, 1908, Order 11, Rule 1(10), Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of additional documents - Commercial dispute - Financial statements that defendants want to place reliance upon were not disclosed at the time of filing written statement in Oct 2022 - Explanation that audited financial statements were concluded only in Dec 2023 was..........
Indian Penal Code, 1860, Section 498A, 406, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.498-A, 406, 506, 34 IPC and 3, 4 DPA - Quashing of proceedings - Delayed FIR lodged without providing any satisfactory explanation - Complainant gave inconsistent versions in written complaint and in statement recorded..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 77, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 77 JJ Act - Quashing of proceedings - Neither allegations related to S.77 JJ Act is corroborated by medical or psychological evidence nor allegation is sufficient according to written complaint and statement u/Ss. 161 and 164 Cr.P.C -..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Cash transaction - Merely because a person is not able to prove transfer through official modes i.e. through any negotiable instrument or bank transaction would not lead to conclusion that such amount was not paid through cash, especially when there was a categorical statement to this..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Specific stand of plaintiff that he has paid Rs.30,80,000 to defendant pursuant to promissory note - Onus would be on defendant to dispel such fact - Merely because plaintiff is not able to prove transfer through official modes i.e. through any negotiable instrument or bank transaction..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Suit is at its final stage and is fixed for arguments - Nothing substantial was being sought to be incorporated by way of amendment - There is no merit in the application - Application rightly dismissed...........
