Mohammedan Law -- Will - Conditions to be fulfilled for a valid Will executed by a Mahomedan - (a) A bequest may be executed by any Muslim to another including institution and a class of people; (b) The persons entitled to make or take a Will must have capacity to make or take a Will; (c) A bequest must be made of some subject; (d) Formalities of making a Will must be..........
Mohammedan Law -- Inheritance - Deceased expired issueless and defendants 1 to 4 were sons of brothers of deceased - Therefore, they fall within ambit of residuary as defined u/s 65 of Mohammedan Law as per Category III descendants of a father and fall within Clause IX i.e Full Brother's son - Since the defendants are residuary as defined u/s 65 of Mohammedan Law and..........
Mohammedan Law -- Will - No consent from other residuaries in absence of sharers has been obtained - Will not executed as per procedure provided under Mohammedan Law...........
Mohammedan Law -- Will - A Mahomedan cannot by Will dispose of more than a third of his estate after payment of funeral expenses and debts...........
Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - Family members of deceased have constantly stated regarding factum of demand of dowry, ill treatment by husband and mother-in-law of deceased - Said fact is corroborated by landlord of accused - Offence u/s 498-A IPC proved - Accused convicted...........
Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - Modification of sentence - Incident is of the year 2000 and more than 20 years have passed in the meantime - Sentence of A-1/husband of deceased is modified to 1 year R.I with fine of Rs.5000 in default of same S.I for 3 months for offence u/ss 498-A, 34 IPC - Sentence of A-2/mother-in-law of deceased is modified to..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Neither promissory note proved in accordance with law nor its promissory note as defined u/s 5 of the Act - Plaintiff failed to prove its case - Suit rightly dismissed...........
Agreement to sell -- Specific performance - Pre-suit notice - Law does not expect that in every case, there should be a pre-suit notice before a suit is filed - It will depend upon facts and circumstances of each case...........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Indian Contract Act, 1872, Section 25 -- Sale deed - Cancellation of sale deed - Sale deed alleged to be executed without receiving any consideration - An agreement made without consideration cannot be held as void, if it is registered under Law or it does not mention about unpaid..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323 -- Bail - Murder - Statement of eye witness in question having no evidentiary value in the eyes of law - Implication of applicant would not be proper on the basis of other circumstantial evidence and corroborative material which would be seen during trial - Bail granted...........
