Criminal Procedure Code, 1973, Section 204 -- Cognizance of offence - Impugned order of cognizance and summoning of accused, passed on a printed proforma by filling gaps after filling blanks by Court employee and putting of signature by Magistrate - Impugned order is wrong and illegal and without due application of judicial mind, hence, set aside...........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Complainant himself not supported the prosecution case and he disowned the complaint itself except identifying his signature - Evidence of shadow witness also not out of doubt as in his evidence, several contradictions were found - Vital ingredients like demand and acceptance not proved on record..........
Will -- Suit for possession - Appreciation of evidence - Sub-Registrar affirms sound condition of testator - No evidence on record to prove that Will was obtained by fraud - Sample signature/thumb impression were available for comparison but plaintiffs failed to examine the handwriting expert - No evidence produced to establish that alienation of ancestral land was..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque to handwriting expert - Petitioner admitted that cheque bears his signature - There is thus, no dispute with regard to signature - Moreover, petitioner already got himself examined as DW - Matter is at the stage of final arguments - At the belated stage to..........
Will -- Signature of testator on first page of Will - Not compulsory in view of S.2(h) of Succession Act, 1925. (Succession Act, 1925, S2(h)...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of loss of two cheques while travelling in a bus - No police complaint lodged - Conduct of accused is relevant while considering his defence - When accused admitted his signature on cheque and when it has been produced by complainant then burden is on accused to explain as to how cheque came into..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 21 kg ganja - Search and seizure - Contraband articles were not shown during trial for identification - Even no such contraband produced before Gazetted Officer or I.O for identification - PW5, who made search and seizure of case, admitted that there was no label on gunny bag..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two dying declarations - Inconsistency between two dying declarations - One duly signed by deceased - Big toe impression of foot of deceased taken on the other - Hands of deceased were burnt and deceased was not in a position to put her signatures or thumb impressions - Dying declaration having..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Disputed signatures - Opinion of handwriting expert - Application filed when case was fixed for recording statement of accused u/s 313 Cr.P.C. - Cheque in question was not returned on account of dissimilarity in signature of accused - Accused did not file any complaint..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Mere no, production of alamat is not fatal when seizure list is there and signature of accused is not challenged as it is duty of Court to take effective steps to produce alamat because it is in custody of Court and not in custody of prosecution...........
