Specific Relief Act, 1963, Section 34 -- Suit for declaration that gift deed is forged and fabricated - Maintainability - Defendants were cultivating land covered by gift deed in question on behalf of plaintiffs - It is specific case of plaintiffs that no gift deed was executed and possession of suit property never given to defendants - Even order of mutation passed in..........
Will -- Suspicious circumstance - No discrepancy between statements of scribe and one of marginal witnesses with regard to mode and manner in which Will was executed - No evidence on record that propounder of Will though present at the time of execution of Will played any prominent role in its execution - Petitioner/propounder of Will successfully discharged the initial..........
Evidence Act, 1872, Section 73 -- Comparison of signature - Courts to take assistance of experts - S.73 of the Evidence Act does not bar the judge from ultimately deciding whether the signatures are forged or not - Still as a rule of prudence in disputed cases, it is always desirable that Court should secure opinion of quality handwriting expert on the subject - After..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 420, 467, 468, 471, 447, 34 IPC - Allegedly, accused conspired with co-accused for preparing forged gift deed in respect of disputed land - However, accused in his reply stated that he is residing in Lucknow and has no concern with the disputed land - No evidence on record to show that..........
Criminal Procedure Code, 1973, Section 190, 482 -- Order taking cognizance of offence - Quashing of order - Allegation of obtaining forged sale-deeds by accused in order to grab property of complainants - As per evidence on record, allegations levelled in complaint are purely of civil nature and constitute civil dispute which has been given colour of criminal case - Even,..........
Indian Penal Code, 1860, Section 420, 471 -- Cheating - Forged mark sheet - Allegation that accused got the job on basis of forged mark sheet - Person who prepared the report regarding degree under question was forged, not examined - Case of prosecution is rendered doubtful - Benefit of doubt must be given to accused - Accused acquitted...........
Agreement to sell -- Execution - Defendant put up four thumb impressions on agreement to sell - One of thumb impression is on a revenue stamp paper - Normally this thumb impression is put at the time when amount is being received - Contention of defendant that he handed over some papers to one person on which agreement to sell has been forged rejected...........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Forged letter filed in Court - No case that forgery was committed after letter was filed in Court - Provision u/s 195(1)(b)(ii) Cr.P.C. not attracted...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Four unconditional and irrevocable bank guarantees issued by defendant/bank to indemnify plaintiff - Two stands were taken by defendant in his application for leave to defend firstly, that though four bank guarantees were issued but they were not by duly authorized and..........
Prevention of Corruption Act, 1947, Section 5(1)(c), Indian Penal Code, 1860, Section 467, 471, 477A -- Abuse of official position with intention of availing pecuniary benefits - Accused misappropriated Government money by making false documents and by making false payment to labourers by forged LTI's - However, prosecution failed to establish that accused abused their..........
