Will -- Proof of a Will to be admissible in evidence with probative potential, being a document required by law to be attested by two witnesses, would necessarily need proof of its execution through at least one of the attesting witnesses, if alive an subject to process of Court concerned and is capable of giving evidence...........
Will -- Suspicious circumstances - Testator bequeathing suit property in favour of his attorney to the exclusion of his wife and two sons with whom he has good relations - Evidence of attesting witnesses and registrar does not evince animo attestandi, an essential imperative of valid attestation of a Will - Evidence of said witnesses does not exhibit either denial of..........
Evidence Act, 1872, Section 71 -- Proof when attesting witnesses denies execution - If the evidence of witnesses produced by propounder is inherently worthless and lacking in credibility, S.71 of Act cannot be invoked to bail him out of situation to facilitate roving pursuit...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 504, 506 -- Cheating - Quashing of criminal proceedings - Accused/petitioner dishonestly retained consideration amount paid by complainant for execution of sale deed - Accused returned partial payment that too after filing of charge sheet - Therefore, criminal proceedings cannot be quashed...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, 504, 506, Criminal Procedure Code, 1973, Section 482, 154 -- Quashing of FIR - Offence u/ss 420, 467, 468, 471, 120-B, 504, 506 IPC - Allegations that accused persons sold properties through disputed sale deeds fraudulently - FIR lodged after 19 years of commission of offence - No specific role assigned to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Defendant filed the application for setting aside ex parte decree at the stage of execution and that too beyond limitation - Defendant contended that plaintiff forged the agreement in question which was worth about Rs.25 lacs - Value of property cannot be..........
Indian Penal Code, 1860, Section 302 -- Murder - Commutation of death sentence to life imprisonment - Murder of five members of rape victim - Death sentence - Rejection of mercy petition - Solitary confinement - Petitioner spent about 18 years in solitary confinement - During pendency of mercy petition execution of death sentence of petitioner was stayed, but throughout..........
Registration Act, 1908, Section 23, 25 -- Registration of document other than a will - Must be presented for registration within 4 months of its execution - Such period can be extended by 4 months, in the aggregate a period not exceeding 8 months, on payment of fine, not exceeding ten times of the amount of proper registration fee...........
Agreement to sell -- Specific performance - Claim of damages - Lack of material to conclude that plaintiff sustained any loss due to non execution of sale deed - Plaintiff did not had the money for payment of balance sale consideration and also the capacity to arrange payment of such amount, as such, he was not ready and willing to perform his obligations - Plaintiff..........
Agreement to sell -- Specific relief - Alternative relief of refund of earnest money - Defendant not entitled to retain earnest money when he did not sustain any loss due to non execution of sale deed pursuant to agreement - Held, plaintiff is entitled for return of advance sale consideration together with appropriate interest i.e. 6% p.a. interest from the date of..........
