Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Where defendant files application seeking sending document to expert for comparison of signature, defendant shall aver in affidavit about his admitted signatures, on authentic documents available for comparison - Without making available admitted signatures, ordering interlocutory application..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 328 -- Oral dying declaration - Murder - Brother of deceased stated that deceased made declaration before doctor, but such doctor has not been examined - No material on record to show that deceased was in a fit mental condition at the time of making dying declaration - There are certain discrepancies..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time - S.36-A(4) proviso of the Act categorically states that Public Prosecutor, while making an application for extension of time, shall indicate two aspects on applying his mind, viz.: (a) progress of investigation and (b) specific reason for detention of accused beyond the said period..........
Will -- Suspicious circumstance - Will in favour of mother to the exclusion of wife - Neither testator recorded factum of his marriage with plaintiff in Will, nor even her name was mentioned therein - Even, no provision of maintenance was made, particularly when as per statements of DW1 and DW3 that relationship between testator and plaintiff remained amicable throughout..........
Will -- Suspicious circumstance - Five cases of forging documents pending against attesting witness of Will, making it sufficient to believe him as an unreliable attesting witness - Moreover, defendant in whose favour Will is alleged to be executed impleaded plaintiff in another litigation based on natural succession - Will in question thus, surrounded by suspicious..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13B -- Ex parte decree of divorce by mutual consent - Setting aside - (i) Petition u/s 13-B of the Act not supported by an Affidavit; (ii) Wife not aware of the filing of petition; (iii) wife has not given her consent for divorce by mutual consent; (iv) wife never appeared before Court; (v)..........
Prevention of Food Adulteration Act, 1954, Section 2(ia)(m) -- Proviso - Adulteration - Sample of Paneer - There is no indication in Public Analyst report as to whether moisture content was more due to natural causes - Even, milk fat content of dry matter may depend upon quality of milk and this question was also not gone into - Petty shop owner has been prosecuted by..........
Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 302 -- Extra judicial confession - Murder - Courts generally look for an independent reliable corroboration before placing any reliance upon an extra judicial confession - However, High Court committed error in making confessional statement as basis and thereafter going in search for corroboration - Extra..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff by making a specific pleading with regard to his readiness and willingness and also proving same by reliable evidence, complied with the requirements of S.16(c) of Specific Relief Act - It was the defendant who failed to perform as per terms of agreement though called upon by plaintiff to..........
Criminal Procedure Code, 1973, Section 482, 173(8), Indian Penal Code, 1860, Section 420, 409, 467, 468 -- Further investigation - Offence u/ss 420, 409, 467, 468 IPC - Allegation of defalcation of goods and misappropriation of stocks from godown of Corporation - Case is of exceptional and special features where High Court was justified in ordering further investigation..........
