Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Commission cannot be issued for the purpose of collection of evidence or creating evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Report of amin was confirmed subject to evidence of parties during trial - Application for issuance of fresh commission rightly rejected...........
Will -- Proof - Where one attesting witness examined to prove Will fails to prove its due execution, then other available attesting witness has to be called to supplement his evidence...........
Will -- Proof - Will was duly executed by testator in the presence of witnesses out of his free will in a sound disposing state of mind and same stands proven through testimonies of one of attesting witnesses - Attesting witness categorically stated that testator executed the Will and both he and testator signed Will in presence of each other - No evidence on record that..........
Will -- Proof - Principles required for proving validity and execution of Will - (i) Court has to consider two aspects: firstly, that the Will is executed by the testator, and secondly, that it was the last Will executed by him; (ii) It is not required to be proved with mathematical accuracy, but the test of satisfaction of the prudent mind has to be applied; (iii) A Will..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Death of complainant or non-availability of complainant at the time of trial cannot be said to be fatal to case of prosecution, nor could it be said to be a ground to acquit accused - It is always open for prosecution to prove contents of complaint and other facts in issue by leading..........
Revenue record -- Entries in subsequent jamabandis cannot be relied upon when there was no basis for the change and there was no evidence of knowledge of the person who is likely to be effected by such change, regarding the entry - Therefore, his legal heirs cannot be debarred from changing the entry...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents in question not relevant in the case and thus, same cannot be admitted - Application dismissed...........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Leave to appeal - At the stage of considering application for grant of leave to appeal, there cannot be re-appreciation of evidence...........
Will -- Proof - Exclusion - Note regarding exclusion given in the last two lines - No reason given during course of evidence as to why instead of giving a note about exclusion in the last two lines it was not mentioned in the body of Will - Moreover ink of typewriter by which body of Will is typed is different from the ink with which last two lines regarding exclusion are..........
