Will -- Execution - Attestation - One witness did not sign the Will as an attesting witness but signed as a witness identifying executant of Will before Sub Registrar - Such a witness is not an attesting witness - Will not duly attested, hence not admissible in evidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Non joining of independent witness - Recovery at night time - It cannot be said that independent witnesses were available but not joined - Mere non joining of independent witnesses not fatal...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Authority of local commissioner - Local commissioner appointed to record the statement of a witness who was aged and not keeping good health - Statement of parties before him regarding settlement of matter - Recording of compromise on the basis of settlement arrived at between the parties - Validity of compromise..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Proof - For drawing presumption of adoption, deed must be made and signed by both the parties - It should be bilateral document - Deed when signed in the form of acknowledgement then mere signature by natural guardians as witness thereon does not make the deed executed by both the parents...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - At appellate stage - Amendment sought explanatory in nature - Not causing any prejudice to the plaintiff - Delay not a ground to reject the application - No error in allowing amendment at the appellate stage - As for as amendment concerning resiling from the statement made by a witness in cross..........
Indian Penal Code, 1860, Section 279, 338, 304A -- Rash and negligent driving - Driver of bus while overtaking bullock cart hit the two wheeler coming from the opposite direction causing injury to both rider and pillion rider - Suggestion to eye witness in cross examination that since bullock cart was going ahead of bus, as such rider of motor cycle could not see bus -..........
Evidence Act, 1872, Section 24 -- Extra judicial confession - Reliability - Accused allegedly made confession before witness - Evidence showing that there was enmity between said witness and accused because of land dispute - Both accused and witness were inimical towards each other as they belong to two rival political parties - Said witness never disclosed fact of extra..........
Evidence Act, 1872, Section 27 -- Recovery of saree from pond pursuant to confessional statement - It was stated in cross examination that saree recovered from inside pond was stained with mud which was not so when saree produced in Court - Serious contradictions in evidence of witness - Alleged recovery of saree pursuant to confessional statement, held, not proved...........
Witness -- Not examined being medically handicapped - Not sufficient to discard the prosecution story...........
Criminal Procedure Code, 1973, Section 161 -- Statement recorded by Investigating Agency u/s 161 Cr.P.C. in the course of investigation - It cannot be used as substantive evidence - It can be used to contradict statement of the witnesses - Witness not confronted with his statement recorded u/s 161 Cr.P.C - Held, that contradiction were not duly proved...........
