Evidence Act, 1872, Section 45 -- Expert opinion - Disputed signatures - Specific allegation made by complainant that Ikrarnama is bearing forged signatures of deceased - Disputed signatures of deceased along with specimen signatures were thereafter procured by investigating agency and were sent for FSL report - Once FSL report already produced by I.O., trial Court ought..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused was in the habit of drinking and squandering away his property by selling it of and that was the cause of confrontation between accused and his wife - Act of accused do not amount to instigation to commit suicide unless there was something more to add upon - Moreso, accused had already undergone whole..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Liability of partner of Firm - Specific allegations against accused that he was incharge of and was responsible for affairs of firm for conduct of business affairs of firm - Plea of partner that he already retired from firm - This fact has to be proved during trial - Quashing of..........
Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witness - Suit for declaration of title - All material evidence to decide the title of both the parties is very much essential - Serious dispute about tampering of revenue record basing on which defendant sets up title - Record sought to be summoned and evidence of Tehsildar are very much vital - Order..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant suffering from Lung Cancer - Defendant died within a period of 1-1/2 months from the date he was proceeded against ex parte - In these circumstances, Court should have taken a holistic view of the matter - Ex parte decree set aside...........
Service -- Payment of salary - Appointment of appellant had been declared illegal and void ab initio and was cancelled in 2001 - Appellant had no legal right to continue thereafter unless that cancellation order was set aside - However, appellant never challenged said order - Appellant thus, has no right to continue in service and claim for salary rightly denied...........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Sexual assault - Victim was a school going student and was missing for 2 days - No explanation as to why FIR lodged after delay of two days - Four miscreants were accused by victim but police charge sheeted only two accused - Age of victim was not ascertained - Without ascertaining age of victim accused..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of maintenance awarded to wife is around 20% of income estimated by Court below is based on facts - No interference warranted in it - Court below rightly directed that amount paid by husband towards interim maintenance will be liable to be set off from the arrears of maintenance - However, keeping..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of son - Property of senior citizen - Son is residing in one room of house in question with his wife and there are other rooms where others can live - Father is no more and mother is residing with her daughters - Son is not making any hindrance in peaceful living of his parents -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Irregularity in the service of summons - Ex parte decree not to be set aside if Court is satisfied that defendant had notice of date of hearing and had sufficient time to appear and answer the plaintiff's claim...........
