Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal - Permission to lead additional evidence in rebuttal - Defendant denied signatures of her father on documents in question and stated that documents were forged and fabricated - Plaintiffs led no affirmative evidence in rebuttal - Defendant evidence stood closed prior to filing of present application - Moreover,..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Non-explanation of injuries on persons of accused - Accused had received injuries on their body but no cross FIR was lodged by them - They got themselves medically examined after five days of incident - However, all the injured accused were medically examined by Government Doctor - Said injury reports were neither..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - At the stage of deciding an application U.O.7.R.14(3) CPC Court is not required to see whether document is forged, concocted or unauthorized - Evidentiary value or reliability of document is required to be seen at the time of marking exhibit and/or at the time of leading evidence...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Registered partition deed was acted upon, which is admitted by defendant - However, defendant failed to prove that partition deed and both the sale deeds have been forged - Suit rightly decreed in favour of plaintiff...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94, Juvenile Justice (Care and Protection of Children) Model Rules, 2016, Rule 12 -- Plea of juvenility - Determination of age - School records - Mere presence of alternative dates in other documents does not by itself invalidate the school records, unless proven to be forged...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 406, 506, 120B -- Cancellation of bail - Cheating - Opposite party No.2/accused has been absconding and is not cooperating with investigation - Court below while granting bail to accused has totally ignored FSL report regarding fake, forged and fabricated agreement - Charges..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that power of attorney and sale deed is null and void - Plaintiffs failed to exhibit so-called Power of Attorney, which was allegedly executed by plaintiff No.1 in favour of her husband/deceased - Plaintiffs also failed to prove that said Power of Attorney was forged one and on account of forged Power of..........
Indian Penal Code, 1860, Section 468, 471, 109, 120B -- Forged documents - Allegation that postal cover in which the forged marksheet was purportedly transmitted, bore handwriting of appellant - However, postal cover could not be exhibited in evidence - Non-exhibiting of original document would lead to the only possible inference that postal cover was never proved as per..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Dispute with regard to criminal conspiracy played by respondents against a broadcasting company in deleting and adding names of Directors - Magistrate while permitting withdrawal from prosecution failed to see that final report was filed categorically stating that accused committed offence of..........
Service -- Misconduct - Forfeiture of gratuity - Failure of employer to initiate criminal proceeding on the fraud employed by way of fabricated/forged certificate produced for the purpose of employment, does not militate against the forfeiture - No conviction in a criminal proceeding is necessitated, if the misconduct alleged & proved constitutes an offence involving moral..........
