Evidence Act, 1872, Section 45 -- Expert opinion - Denial of signatures by defendant on agreement to sell - Comparison of signatures with those on power of attorney and summons - Those signatures did not come in existence in presence of Court - It is thus appropriate to compare signatures with the one existing on previous litigation, prior to institution of suit - Order..........
Evidence Act, 1872, Section 8 -- Motive - Past enmity - Can have double impact, both in support and against an accused - In the instant case there was no aggravating factor in the family related dispute which could have been treated as motive for the offence...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court in exercise of its power u/s 100 CPC should not interfere in the findings of fact recorded by first Appellate Court which is final Court of fact or concurrent findings of fact unless same are based on no evidence or perverse...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue of limitation is a mixed question of fact and law - Trial Court rightly deferred the issue of limitation to be considered after framing of issue and recording of evidence of parties - Application for rejection of plaint rightly dismissed...........
Evidence Act, 1872, Section 9 -- Test Identification parade (TIP) - TIP sought to be carried out by I.O after a period of 11 years and after registration of complaint, cannot be permitted, particularly when finger prints of accused were found to be not matching with that found at the scene of occurrence - Order allowing TIP set aside...........
Agreement to sell -- Specific performance - Defendants have not disputed their signatures on agreement in question, though they pleaded that same was obtained by plaintiffs by exercising pressure/misrepresentation - However, no evidence adduced in this regard by defendants - Plaintiffs have adduced sufficient documentary material to establish valid execution of agreement..........
Indian Penal Code, 1860, Section 376 -- Rape - Dying declaration of deceased recorded after 11 days - There are no signs of forcible sex with deceased - No medical evidence on record to corroborate that rape was committed on deceased - Offence u/s 376 IPC not made out...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B of Evidence act - Not attracted when incident of cruelty is remote in time and has become stale enough not to disturb mental equilibrium of woman concerned...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B of Evidence act - Deceased died unnatural death within 7 years of her marriage - Prior to 4-5 months of incident a written application was given by deceased herself at Mahila Police station regarding cruelty and harassment for demand of dowry - PW4 stated in his..........
Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- Second appeal - Exercise of jurisdiction u/s 100 CPC r/w S.41 Punjab Courts Act - Though in view of S.41 of the Punjab Act, it is not necessary to frame a substantial question of law, jurisdiction of High Court under second appeal cannot be exercised for re-appreciation of evidence...........
