Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42(1), (2) -- Recovery of 136.1 kg Ganja from accused no.1 - Non-examination of gazetted officer who conducted search would show that best evidence with regard to search conducted by him in terms of S.41(2) of the Act is withheld - Such lacuna in prosecution case cannot be filled up by referring to evidence..........
Will -- Suspicious circumstances - Beneficiary not blood relative - Recital in Will that beneficiary is like his daughter and took care of him like her father - Signatures of testator on admitted documents matched with signatures on Will in terms of characteristics, alignment, line control and so on - One of attesting witness of Will deposed that he saw testator sign the..........
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..........
Evidence Act, 1872, Section 24 -- Extra judicial confession - Merely because signature of police is on top of left corner of confessional statement of accused, Court cannot throw away such statement, particularly when said signature was put by Inspector of police only as an acknowledgment for receipt of confessional statement from PW10, before whom statement was made by..........
Will -- Onus to prove Will is on propounder of Will and in absence of suspicious circumstances surrounding execution of Will, proof of testamentary capacity and proof of signature of testator, as required by law, need be sufficient to discharge onus...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, 8, 18 -- Recovery of 9.700 kgs of opium - Prosecution failed to exhibit Muddamaal in self same condition as cartoon in which gunny bag containing seized contraband was placed neither bore signature of accused nor case number was mentioned - Moreover, neither any inventory was prepared u/s 52-A of the Act..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Report of process server shows that defendant refused to take summons and only one witness has signed on report - However, there is no date and time mentioned by process server on the said report - Signature of two independent witnesses should have been taken on report as..........
Evidence Act, 1872, Section 27 -- Recovery of weapon - When recovery is effected pursuant to any statement made by accused, document prepared by I.O. contemporaneous with such recovery need not necessarily be attested by independent witness - If any such statement leads to recovery of any article, it is open to I.O. to take signature of any person present at that time, on..........
Limitation Act, 1963, Section 18 -- Acknowledgment - Balance sheet and profit and loss account constitute acknowledgment of liability as on date of signature it bears for purpose of S.18 of the Act - However, it contains no admission of amount due on date of signature and does not preclude parties from proving discharge subsequent to period to which it relates...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures on a document which had a time gap of 28 years - As and when a person ages, handwriting changes and it is definitely not very wise to compare signature on documents the execution of which had a time gap of 28 years...........
