Will -- Proof - None of attesting witnesses was available for examination in Court - Certified copy of Will does not bear signature/thumb impression of testator or attesting witnesses - Plaintiff examined the witnesses to prove signatures of attesting witnesses on entry made in register of Scribe of Will - However, plaintiff did not examine a witness to prove that..........
Transfer of Property Act, 1882, Section 58(f) -- Equitable mortgage - Can be created by deposit of either original title deed or certified copies or Photostat copies of title deeds - It is only the intention of parties which is prime factor to be considered...........
Indian Penal Code, 1860, Section 304B, 302, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4, 6, Evidence Act, 1872, Section 32 -- Dowry death - Cruelty - Dowry demand - Dying declaration given by deceased proved and supported by independent witnesses, medical officer and Magistrate who recorded the same - Even medical officer certified that patient was conscious and..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 165 days in filing appeal against ex parte eviction decree - Defendant categorically stated that he was not at all served and he came to know of decree passed in suit only when he received notice in execution petition and immediately after obtaining certified copies filed appeal - Delay was not intentional..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 - - Delay of 277 days in filing second appeal - Title suit was decreed on the ground of default - First Appellate Court affirmed judgment and decree passed by trial Court - Immediately defendant filed review application as advised, which was also dismissed - Second appeal filed on behalf of defendants..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C -- Recovery of 1 kg Alprazolam powder - Search and seizure - Evidence of PWs 2 and 6 establish that contraband articles after being brought to NCB office were kept in godown/malkhana and necessary entries were made in godown register in that regard - Certified true copies of said entries were proved - Oral..........
Evidence Act, 1872, Section 90 -- Statutory presumption to 30 years old document - Not available to a certified copy of a document which is more than 30 years old...........
Will -- Proof - Doctor certified that testator was in sound and disposable state of mind - Evidence of doctor cannot be discarded only on the ground that he had certified state of mind of testator one day prior to the Will and he did not produce examination notes...........
Will -- Proof - Evidence of attesting witness and son of scribe is consistent with evidence on record - Doctor certified that testator was in sound and disposable state of mind - Defendant proved that testatrix had executed Will in her favour...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Statement of deceased was recorded by ASI PW19 - Dying declaration was certified under the signatures of doctor PW20, which goes to show that deceased was conscious and in a fit condition to give statement - Deceased specifically stated in her dying declaration that accused..........
