Succession Act, 1925, Section 263 -- Illustration (ii), 276 - Letters of Administration - Revocation - Non impleadment of all the legal heirs - Grant of Letters of Administration may be revoked for `just cause' - High Court held that a just cause existed for revoking the grant - No interference warranted...........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Execution - Stipulation to pay interest @ Rs.18% per annum contained in award cannot by itself be said to be unreasonable - It cannot be said that award put in execution is opposed to public policy, illegal or vitiated by fraud...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(12) -- Legal assistance to victim - Victim of atrocities is entitled to get assistance from Non-Government Organizations, Social workers or Advocates - It is the choice of victim to opt for assistance from three categories of persons specifically incorporated u/s 15-A(12) of the Act -..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of appeal - Death of sole surviving appellant during pendency of first appeal - Without impleading L.R's appeal disposed off - On death of sole surviving appellant and legal representatives not prosecuting appeal, consequences were bound to follow namely, that appeal stood abated - Impugned decree set aside and..........
Madhya Pradesh Prohibition of Cow Slaughter Act, 2004, Section 11(5) -- Confiscation order passed u/s 11 of the Act - Truck of appellant was confiscated on account of criminal proceedings alone - Confiscation of appellant's truck when he is acquitted in criminal prosecution amounts to arbitrary deprivation of his property and violates right guaranteed to each person u/art..........
Partition suit -- Plaintiffs being widow and son of deceased claiming 1/7th share in suit property - School certificate issued in name of plaintiff no.2 without mentioning father's name cannot be taken as proof that deceased is father of plaintiff no.2, particularly when plaintiff no.1 herself admitted that prior to her marriage with deceased, she got married to another..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff averred her 1/7th undivided share in lands and that she was not impleaded as a party in suit for partition before Revenue Court - Assertion in application for rejection of plaint that once partition attained finality, the same may not be allowed to be reopened by way of present suit and that..........
Indian Penal Code, 1860, Section 376 -- Rape - Whether rape has occurred or not is a legal conclusion and not a medical one...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 29 -- Bail - Kidnapping and rape - Ground urged by accused that medical opinion has not categorically opined about happening of alleged intercourse with victim, may not be attracted at this stage while considering bail..........
Specific Relief Act, 1963, Section 31 -- Cancellation of a document - Can be sought by one who is a party to such written instrument - A person not a party to written instrument, cannot seek relief to cancel such written instrument on the ground that it is void or voidable - However, nothing prevents such person seeking declaratory relief as to legal character of right..........
