Showing : 471-480 of 7187 Results

PATNA HIGH COURT
Year of decision: 2018
Details
Succession Act, 1925, Section 138-- Bequest with directions - Where a fund is bequeathed absolutely to or for the benefit of any person, but the Will contains a direction that it shall be applied or enjoyed in a particular manner, the legatee shall be entitled to receive the fund as if the Will had contained no such direction...........
PATNA HIGH COURT
Year of decision: 2018
Details
Will -- Execution - Intention of testator - Recital of Will clearly stated that testator's estate shall be absolutely vested in defendants (step nephews) over his real brother and sister - Further restriction imposed by testator that defendants shall not execute any deed in respect of gifted property..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Commissioner - Denied on ground that Commissioner cannot be used for collecting evidence, as certain things can only be taken on record only after same being led by parties - Moreover, no purpose will be served for appointing commissioner at appellate stage - Recording of such..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 11, Rule 14, Civil Procedure Code, 1908, Order 7, Rule 14-- Production of documents - Boundary dispute between two states - Topographical maps maintained in Head Office of Survey of India sought to be produced by way of present application - Documents thus, not in possession of applicant - Production of said documents by witness for Survey of India,..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Constitution of India, 1950, Article 136-- Habeas corpus - Custody of minor girl - Court ought to focus on obtaining circumstances of minor child having been removed from the native country and taken to a place to encounter alien environment, language, custom etc. interfering with his/her overall growth and grooming and whether continuance..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Necessary party - Suit for declaration of status - Illegitimacy of child sought to be declared - Father filed suit to declare that he is not father of child - Child alone will be person affected by declaration if it is granted - Thus, child is necessary party to suit - Without child on party array..........
KERALA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 35-- Suit for declaration - Plaintiff cannot expect to receive discretionary relief of declaration without impleading person against whom declaration is sought or person who will be effected by declaration or person against whom declaration is directed...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 34, 304-- Nature of offence - Murder case - As per evidence on record, act of stabbing was preceded by discussion to sort out some dispute between deceased and accused `R'- Only single stab wound was inflicted which shows that there was no premeditated attack - Hence, where act took place upon sudden..........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 366, 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4-- Kidnapping and rape - Quashing of proceedings - Though on the basis of statement by prosecutrix and her mother, possibility of accused being acquitted cannot be ruled out - But at the same time, possibility of conviction can also not be ruled out as trial is still on and further evidence is to be..........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 3, Rule 4-- Advocate not duly authorized by Vakalatnama - Vakalatnama filed by Advocate not in consonance with O.3.R.4 CPC - Writ petition drafted and filed by Advocate in the name of petitioners without their being any authority - Petitioners not appointed `A' as recognized agent and without any authority,..........

Showing : 471-480 of 7187 Results