Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide need - As per landlord, his brother is depending on them - Brother needed shop rooms to start a ready-made garments business - Brother was employed abroad has returned to India for good and he proposes to start business - Even, brother gave evidence in line with averments in..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Comparison of signatures of executant on Will - Application by defendant rejected on the ground that there is no admitted document containing the signatures of executant of Will - Sale deed on record containing signatures of executant of disputed Will - Plaintiff produced their own..........
Will -- Proof - Testator and his wife executed Will in favour of plaintiff to the exclusion of legal heirs - Plaintiff though examined scribe and Registrar who registered the Will, however, he failed to prove execution of Will by original owner by examining witnesses - Admittedly, PW2/attestor of Will was examined, but he did not support case of plaintiff - Even then..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pleading that cheque was issued in April, 2013 - However, in cross examination it was stated that cheque was issued in the month of October, 2013 - Accused admitted his signatures on cheque - Held, statement of complainant qua issuance of cheque relates to insignificant aspect of the case...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Legally enforceable liability - Accused admitted his liability to repay amount mentioned in Written agreement between parties - There is thus, no escaping fact that it was a legally enforceable liability - Evidence was led before Court pertaining to financial capacity of complainant thereby..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Circumstantial evidence - Last seen evidence - PW8 stated that accused was last seen together with deceased - He recognized accused in Court and he knew complainant and his three children - PW8, thoroughly cross-examined by defence and nothing shown to make out any case which may..........
Indian Penal Code, 1860, Section 364, 302, Evidence Act, 1872, Section 154 -- Kidnapping and murder of three minor children - Circumstantial evidence - Hostile witness - Accused was found in the house of PW13 - However, PW13 turned hostile - But in cross-examination PW13 specifically stated that accused told him that children of complainant had gone missing and complainant..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of complainant witness for further cross-examination - Dismissal of application - Merely because earlier counsel has shown laxity in not cross-examining the complainant, on that score, it cannot be construed as a ground to recall witness and permit..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of complainant witness for further cross-examination - Dismissal of application - Full and effective opportunity already afforded to petitioner to cross-examine complainant - Even, in event any deposits have been made by petitioner in account of..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction petition - Bonafide requirement - Landlord has not pleaded that his son is working in Delhi and present premises is required by his son to open a new business or to expand - In these circumstances, it is necessary to grant opportunity to tenant to further..........
