Lease -- Cancellation - Production of invalid solvency certificate at the time of bid - Solvency certificate was issued in favour of respondent in his individual capacity, though property belongs to Trust - Plea taken by respondent is that it was issued by mistake - However, it appears that respondent deliberately and willfully obtained solvency certificate in his own..........
Will -- Probate - Will executed in favour of applicant to collect rent - However, entire property under Will bequeathed to wife of testator - Execution and attestation of Will proved as per law - Mere presence of applicant at the time of preparation of Will cannot be held to be taking prominent part in preparation of Will - No evidence produced on record to prove that..........
Will -- Probate - Execution of Will by testator in favour of his son and nephew - Son of testator pleaded that appellant/nephew of testator has no relation with testator - Appellant failed to produce any document to establish that he had any blood relation with testator - No explanation is forthcoming as to why Will has been prepared obtaining LTI of testator when he was..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Suit instituted at place `P' for temporary reliefs - Right reserved to institute suit for substantial reliefs at place `B' at a later point of time - A litigant cannot be allowed to use one Court for the purpose of temporary reliefs and another Court for permanent reliefs - Plaintiffs were questioning..........
Indian Penal Code, 1860, Section 304A, 279, 338 -- Rash and negligent driving - Panch witness/PW4 has not stated that driver of offending vehicle was driving vehicle in a rash and negligent manner at the time of accident - Other panch witness/PW5 not supported prosecution case - No oral and documentary evidence available on record that accused was driving the offending..........
Civil Procedure Code, 1908, Order 21, Rule 31 -- Execution - Decree for return of gold ornaments or its value - When Court directed to pay its present value in case ornaments are not returned, it only means that value at the time when failure to return gold ornaments occurs...........
Civil Procedure Code, 1908, Order 21, Rule 10 -- Decree for return of gold ornaments or its value - Court is obliged to state in such a decree to pay value of gold ornaments in money terms as an alternative relief - If value is not quantified, direction shall be to pay value at the time of making payment - If value of gold ornaments is quantified and amount is stated in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 376, 420, 406, 120B -- Quashing of proceedings - Victim and accused used to chat on facebook and with passage of time developed love and intimacy and with consent of family members their marriage was settled - But appellant refused to marry victim before wedding and victim consumed some..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioner is neither named in FIR nor informant who is an eye witness has named any one in his statement recorded u/s 161 Cr.P.C - He was implicated by injured in his statement recorded u/s 161 Cr.P.C after 21 days of incident - Petitioner was identified in CCTV footage and presence of..........
Indian Penal Code, 1860, Section 302 -- Murder - Eye witnesses who were living two kilometers away from the spot claiming that they heard scream and went to spot and saw occurrence - Testimony of eye witnesses does not inspire confidence - Best witnesses of occurrence turned hostile - PW9 signatory to Mahazar and confession statement of accused also turned hostile -..........
