Criminal Procedure Code, 1973, Section 294 -- Post-mortem certificate - Death of doctor issuing it - Doctor, who conducted post-mortem, issued post-mortem certificate, could not be examined, as he was no more - No effort is made by prosecution to examine another doctor, who could identify signature and handwriting of doctor, who conducted post-mortem examination and to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signature on cheque not disputed - Presumption is that such signature has been assigned only after knowing the contents...........
Will -- Genuineness - Propounder is to adduce satisfactory evidence that the will was signed by the testator who was at that time in a sound and disposing state of mind, that he understood the nature and effect of the dispositions and put his signature on the document out of his free will - Propounder of the Will has further to prove that Will is not surrounded by..........
Agreement to sell -- Suit for specific performance - Readiness and willingness - Plaintiff not ready and willing to perform her part of contract - Plaintiff not demanded copies of documents in advance and got sale deed prepared in consultation with defendant - Non-examination of a witness from Postal Department and admission of plaintiff that AD Card does not bear..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back with postal endorsement `Refused' - No signature of any of the witness before whom the accused refused to take the notice - Postal peon not examined - Service of notice not proved - Acquittal upheld...........
Evidence Act, 1872, Section 67 -- Inquest report - Proof of - Held, mere marking of exhibit and proving signature of witness on inquest report, its contents, would not become admissible in evidence...........
Public Interest Litigation -- Scam of Rs.120 crores - Invitation of tenders and awarding of contracts by MCD for laying and re-laying of roads - Petitioner is trying to wriggle out of difficult situation that she has placed herself in by taking contradictory stands - It appears that she is now unable to deny that signature on said letter is, in fact, hers, but wants to..........
Will -- Execution - Proof - Will has to be proved not only by proving the signature of the executor but it should be found to be free from any suspicious circumstances...........
Will -- Suspicious circumstances - (i) The signature of the testator may be very shaky and doubtful or not appear to be his usual signature; (ii) The condition of the testator's mind may be very feeble and debilitated at the relevant time; (iii) The disposition may be unnatural, improbable or unfair in the light of relevant circumstances like exclusion of or absence of..........
Will -- Suspicious circumstances - When a doubt is created in regard to the condition of mind of the testator despite his signature on the Will - When the disposition appears to be unnatural or wholly unfair in the light of the relevant circumstances - Where propounder himself takes prominent part in the execution of Will which confers on him substantial benefit - These..........
