Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Appellate Court set aside the judgment of trial Court and remanded the matter back to Trial Court for fresh adjudication upon suit, without even reversing specific finding recorded in favour of plaintiffs with respect to Will in question being surrounded by suspicious circumstances - Unless said finding recorded by..........
Indian Penal Code, 1860, Section 324, 341, 504, 506 -- Offence u/ss 324, 341, 504, 506 IPC - I.O. has not explained as to non-mentioning of names of alleged eye-witnesses in complaint - Delay in recording statement u/s 161 Cr.P.C and also delay in submitting the same before Court will create suspicious circumstances about presence of alleged eye-witnesses - Evidence of PW1..........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent driving - Identity of driver of offending vehicle not proved by prosecution - No RC of jeep was produced to link ownership or possession to accused - Omission of TIP, doubtful credibility of eye witnesses, implausibility of escape theory and that too without accused sustaining any injury in a serious..........
Will -- Suspicious circumstances - Testator had four children including plaintiff and defendant No.1 - There is not even a whisper of reasoning as to why testator choose to exclude other three children from bequest and whether any other properties or assets were given to them - It is highly unlikely that a father would grant his entire property to one of his children at..........
Agreement to sell -- Specific performance - Parties have agreed to fix three years time to complete performance of contract - If the intention of parties is to complete transaction within three years period, Court cannot substitute its own view regarding fixation of such a long period unless there is evidence to show that intention of parties was not to convey property..........
Mahomedan law -- Will - Suspicious circumstances - Will executed in favour of husband of step sister of testator - Therefore, it cannot be said that he is a stranger to family of testator - Even otherwise, though in Mahomedan law bequest in favour of a stranger to the extent of more than 1/3rd of property owned by testator is not valid, however, in the absence of all..........
Mahomedan law -- Will - Suspicious circumstances - Merely because attesting witnesses did not know the family of testator, their testimony cannot be disbelieved with regard to execution of Will - Both the Courts below have in categorical terms held that nothing could be brought on record in cross-examination of attesting witnesses - As regarding difference in signature of..........
Will -- Registered - Proof - Burden lies on party who disputes its existence to establish that it was not executed in the manner as alleged or that there are suspicious circumstances which makes it doubtful...........
Will -- Proof - Onus lies on propounder not only to prove due execution but dispel from mind of Court, all suspicious circumstances which cast doubt on the free disposing mind of testator...........
Will -- Suspicious circumstances - First Appellate Court of its own observations cannot entertain suspicious circumstances allegedly surrounding Will...........
