Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Plea of purchase of property from defendant Nos.4 & 5 - However, in the accompanying affidavit particulars not given as to from whom proposed respondents purchased the suit schedule property and under which document - Application rightly rejected...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Complainant failed to disclose date, month and year of advancement of loan and remained silent - Even, one FIR got registered against son of complainant on basis of statement made by son of accused and one cheque was also issued in favour of complainant but..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Handwriting expert has given opinion stating that writings marked in cheques were found to have been executed on document with prior signature marked at a different time with different ink - But handwriting expert has not been examined or cross examined in order to arrive at a opinion..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 42.795 gms charas - S.57 of the Act is directory in nature - Prosecution tried to prove its compliance by relying upon a document, which is not verified and instead surrounded with suspicion - There is thus, non-compliance of S.57 of the Act...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Dismissal of petition - Marriage denied by wife - Husband relied upon photographs and depositions of PWs in order to establish that a valid and legal marriage performed between parties as per Sikh rites and ceremonies - However, Gurudwara not affiliated to shiromani Gurudwara..........
Mohammedan Law -- Gift deed - Validity - Gift under Muslim Law is not required to be registered or scribed - It is oral in the form of a Hiba and there can be Yadaasht (document of remembrance) in support thereof declaring that such gift had already been given to beneficiary and possession has also been given to him - However, if such gift is registered then common law..........
Mohammedan Law -- Gift deed - Registered gift deed in favour of respondent prior in time to sale deed executed in favour of petitioners relating to same property without setting aside said gift deed - Execution of said sale deed by executor of gift deed is beyond his capacity to execute - Gift deed is genuine document and thus, valid - Petitioners are open to assail deed..........
Will -- Proof of - Testatrix was an illiterate lady and she did not understand the true nature of document executed - Attesting Witness of Will not summoned and asked to depose as a witness - There are substantial and good reasons to legitimately suspect and question execution of Will, which propounder of Will not able to repel and remove - Even execution of Will has not..........
Evidence Act, 1872, Section 71 -- Will - Provision of S.71 Evidence Act comes into operation, once and if all the attesting witnesses deny or do not recollect the execution of the document, that is, the Will - In that event, execution can be proved by other evidence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Leave to appeal - Undisputedly, there is no document of friendly loan - Even, complainant failed to prove any special relationship to prove that he advanced sum as averred without executing any document - Moreover, accused was only a marginal witness of agreement to sell executed between one..........
