Succession Act, 1925, Section 63 -- Will - Execution of - Additional evidence - Second appeal - Appellant moved for additional evidence to prove report of handwriting expert examined during proceedings for registration of Will - Execution of Will has been admitted by plaintiff-appellant himself and has also been proved by defendants by leading cogent evidence - Held,..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24, 3 -- Murder - Proof - Accused/husband committed murder of his wife - As per evidence on record no one was present at place of occurrence apart from accused and his child - Plea of accused that wife stabbed herself, does not find corroboration in medical report - Extra-judicial confession made by accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, Criminal Procedure Code, 1973, Section 313 -- Opium - Recovery of 130 kg. - Statement of accused u/s 313 Cr.P.C. - Questions as to actual contents of Chemical Analyst report, purity of the substance discovered in the sample, weight of samples received by Chemical Analyst not put to accused in his..........
Evidence Act, 1872, Section 61, 62, 58 -- Company - Board resolution - Certified copy - Cannot be admitted in evidence directly unless the original is proved or the copy is admitted by opposite party...........
Evidence Act, 1872, Section 61, 62 -- Company - Board resolution - Certified copy - Cannot be admitted in evidence directly unless the original is proved or the copy is admitted by opposite party - Certified copy marked as exhibit without formal proof - Held, it cannot be treated to have been proved unless appropriate evidence is led to prove it...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65, 66 -- Dishonour of cheque - Notice - Proof of - Office copy of statutory notice - Original notice issued by complainant and received by accused in possession of accused persons - Notice to produce original is not required when the document is itself a notice - No objection can be taken to the..........
Evidence Act, 1872, Section 85, 4 -- Power of attorney - Attested by Notary Public - Shall be presumed to be executed and so authenticated unless and until it is disproved - Burden lies on accused to establish that power of attorney was not duly executed and authenticated by the person by whom it purports to have been executed...........
Evidence Act, 1872, Section 47 -- Letters - proof - Witness specifically stating that he knows the signatures of accused Nos.1 and 2 and could identify the same - Held, original letters purporting to have been signed by and received from accused Nos.1 and 2 could be admitted in evidence...........
Indian Penal Code, 1860, Section 498A, 306, Evidence Act, 1872, Section 113A -- Death otherwise than in normal circumstances within seven years of marriage at matrimonial home - Behaviour of accused with deceased remained indifferent and she was ill treated, tortured, humiliated and beaten up by accused at various occasions without any fault on her part - Conduct of..........
Indian Penal Code, 1860, Section 363,366,376, Evidence Act, 1872, Section 3,9 -- Offence of abduction and rape - Appreciation of evidence - Allegations that accused abducted prosecutrix in garb of giving her bicycle ride and committed rape on her - Evidence of prosecutrix corroborated by evidence of her mother - Medical evidence in tune with prosecution version -..........
