Will -- Suspicious circumstances - Beneficiary took steps for preparation of Will - It was possible to get the document registered but not registered - It was not necessary but verification of senior clerk of Tahsil Office obtained on the Will - No relative of testator used as attesting witness - Beneficiary signed even for identification before Senior Clerk of Tahsil..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit for recovery - Setting aside decree - Trial Court failed to enumerate even a single special circumstance which is so grave, exceptional or extraordinary in nature that it warrants the setting aside of decree - Decree was not made ex-parte - Grounds like summary suit was not filed in proper form and no original..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Appellants in furtherance of their common object committed murder of deceased by attacking him with dharia, axe and sword - No inordinate delay in sending FIR to court - Medical report shows that deceased suffered a violent death on account of multiple injuries - Motive of murder proved - Ocular evidence..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of eight years old girl - Circumstantial evidence - Ransom note - PW23 handed over the ransom note to police - On ransom note name of PW7 was written - It is highly improbable and apparently unrealistic to accept that if PW7 was the kidnapper he would have disclosed his name in letter - PWs 16 and 17's testimonies with..........
Criminal Procedure Code, 1973, Section 57, 167 -- Transit remand - Accused contended that he was arrested from Noida but he was not produced before Illaqa Magistrate for transit remand nor permission from Delhi Court was taken for taking him to Farukhabad which was in violation of police rules - Accused brought to Delhi just within one hour as such it was not essential to..........
Dissolution of Muslim Marriages Act, 1939, Section 2(ix), 4 -- Dissolution of marriage - Proof of apostasy - Wife made public declaration of re-embracing Hinduism and produced certificate from organization which facilitated it - She reiterated this factum in plaint and deposed so in affidavit in petition - Held, no further proof is required, nor indeed could be led in..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Compensation - Wife claiming compensation of Rs.20 lakhs for loss of life of her husband and also claiming medical expenses from family members of husband as they suppressed the material fact of mental disorder of husband - No material to show that husband was not sound prior to..........
Will -- Suspicious circumstances - Signature of testator forged - Will was stated to be kept with an attestor who deposed in favour of wife of defendant No.2 in maintenance suit filed by her against testator and defendants, which is a suspicious circumstance - Execution of said Will not made known to relatives of testator for about one year - It was produced in Court by..........
Constitution of India, 1950, Article 227 -- Scope of interference - Rejection of application U.O.13.R.1 CPC - If the plan and report about which foundation is already laid are not allowed to be produced in evidence and plaintiffs are not given an opportunity to prove the same, fate of case of plaintiffs would be sealed at threshold itself - Moreover, impugned order is not..........
Will -- Suspicious circumstances - (i) Will is undated; (ii) Addresses of witnesses have not been mentioned in it; (iii) In evidence could not give time of execution of will; (iv) Will contains incorrect recitals in as much as it has mentioned two married daughters but according to the documents produced by petitioner one daughter was deceased and other was unmarried; (v)..........
