Case law in case of forgery case under 471,181,182,467,192


There has been a case instituted for forgery made in a Registered document Deed of HUF/Partition made in 1984 ,used to transfer property by the Accused in 2003 exclusively in his own name before the Land Records Authority by making a false Affidavit that he is the sole surviving legal heir.Property was an ancestral inheritance .Case filed u/s 471,181,182,467,192

The witness who was never present has filed complaint stating that the signature on that document is forged ,also the witness is one of the surviving legal heir to that property.The Hon'ble Court has raised the issue under Section 195 of Cr. PC and citied the case law of Marwah v/s Marwah to disallow the Application of the Witness and proceed further .But this case is different since ,the old registered document was never validated or produced before any Court of Law for confirmation or obtaining the Succession Certificate by the Accused.

What are the latest case Law based on which the Case can stand in the court,Section 340 and Section 195 ?

Please advise

 
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practising Advocate

The five judges bench  judgement of Supereme Court is a master piece ,as far as Section 340 and 195 are concerned. Kindly go through the judgement two three times , slowly and steadily and you will get the necessary defence. Case reffered is Iqbal singh marwaha verses Meenakshi marwaha, Date of judgement by SC  11.03.2005.

 
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ADVOCATE

as advised by above ld expert

 
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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

Endorse the opinion of Learned Mr. Cheema.

 
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Dear Sir's ,

 

Thank you for the relevant information ,but the Honble Judge in this case ,wants to dismiss the case based on the Judgement given in Marwah V/s Marwah  even though the current case is not relevant to any Judicial proceedings pending before which the evidence/facts  are currently being  produced before the any Court Authorities, as was reflected in the Marwah Judgment given by the Supreme Court.

 

Regards,

 
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the best way to get the expert"s opinion related to the signature.

 
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the best way to get the expert"s opinion related to the signature.

 
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