Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife attempted to commit suicide and suicide note is on record - However, wife explained in her evidence that she was made to write note literally under duress from husband and only to avoid being forced out of matrimonial home by husband - No ground of cruelty is made..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors on the date of issuance of cheque and who signed the cheque as authorised representative of company but not directors on the date when cheque was presented to bank for encashment - Status of Directors can be tested and adjudicated upon by trial Court after parties..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Once petitioner has brought on record unimpeachable evidence in the shape of documents that he has resigned from directorship before issuance of cheque, merely because he did not reply to legal notice denying her directorship, no adverse inference can be drawn against..........
Criminal Procedure Code, 1973, Section 195, 340 -- False evidence - Merely because accused in plaint and in their affidavit filed in lieu of examination-in-chief in civil suit have stated lease period of 11 months instead of 10 years, does not amount to giving false evidence, as they had no intention to take any favourable orders of Court based on said statement -..........
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..........
