Registered document -- Cancellation - On the ground that executant was not of stable mind - Held, this is not a ground for cancellation of a duly registered document...........
Tenancy rights -- Transfer of tenancy rights by a tenant under a testamentary disposition cannot be held to be a valid transfer...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Use of tubewell - Electricity connection in the name of defendant - Both the parties are owners to the extent of equal share and joint cultivation reflected in the revenue record - Held, one of the co-sharers of tubewell cannot deprive right of irrigation to other co-sharer by..........
Indian Penal Code, 1860, Section 376, 109 -- Rape - Woman though cannot commit rape, but can still be held liable for abetment u/s 109 IPC - Abetment is separate and distinct offence than rape and if the act abetted is committed in consequences of abetment, then person i.e. man or woman abetting such crime is liable to be punished u/s 109 IPC - Thus, woman and man both can..........
Indian Penal Code, 1860, Section 498A, 420, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Cheating - Quashing of FIR - Allegation against maternal uncle of husband - All allegations primarily levelled against husband and his parents - Petitioner arrayed as accused only because he was nominated by other accused persons for handing over jewellery/articles of wife,..........
Will -- Suspicious circumstances - Execution of Will in favour of sons to the exclusion of daughters - Plaintiffs contended that testatrix was not competent to execute Will as she was bed ridden for 15 years prior to her death - However no evidence let alone any medical evidence has been led by plaintiffs in this regard - Reasons were duly given in Will by testatrix for..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94, Juvenile Justice (Care and Protection of Children) Model Rules, 2016, Rule 12 -- Plea of juvenility - Determination of age - JJB held accused below the age of 18 years at the time of incident on the basis of date of birth provided in school records - Petitioner alleged that three different date of..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 15 -- Preliminary assessment - JJB held accused as minor - Appreciation of evidence - JJB passed order u/s 15 on basis of reports including social investigation report which clearly indicated accused was overall a minor at time of commission of offence - Further, assessment was done on the basis of..........
Will -- Proof of - Evidence of two attesting witnesses goes to establish that testator was capable of making Wills as per S.59 of Succession Act - Same was executed in accordance with provisions contained in S.63 of Succession Act and proof of Execution of Will was in accordance with S.68 of Evidence Act - Executor although has alleged that testator was not in sound state..........
Will -- Suspicious circumstance - Difference of signature of Testator in executing sale deed and agreement for sale and execution of Will - Evidence of attesting witnesses is on record that testator signed Will in their presence - Executor who asserted that Will was not signed by testator, onus is upon him to prove the same by adducing evidence but no evidence is adduced..........
