Will -- Whether revoked? - Widow of testator filed suit for partition and rendition of accounts - Dismissed - In appeal parties compromised wherein widow given right to enjoy property during her life time and after her death her daughter to enjoy property for 12 years - Only a limited right to enjoy the property given for a certain period - Held, this compromise does not..........
Succession Act, 1925, Section 263, 295 -- Revocation of probate or letters of administration - To be treated as miscellaneous application - Can be disposed of either summarily or after recording evidence giving opportunity to both the par-ties to adduce evidence and consideration thereof- Under these circumstances, it is not necessary that the application for revocation of..........
Succession Act, 1925, Section 295, 263 -- Probate or letter of administration - Revocation - Not necessarily to be treated as a suit as contemplated u/s 295 of the Act - It may be disposed of either summarily or in a given situation where it requires proof of fact by recording evidence - High Court was in error to hold that it should be treated as a suit and disposed of..........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Temporary injunction - Eviction of licensee - Licence agreement made at request of licensee - Subsequently revocation of licence and request to vacate - Even after promise to vacate after short period licensee not vacating - Alternative premises also offered - Temporary injunction in favour of licensee restraining licensor..........
Easement Act, 1882, Section 63 -- Revocation of license - After expiration of a reasonable time the licensee has no right to remain in possession...........
Succession Act, 1925, Section 70 -- Principles of dependent relative revocation when applies - Illustrated...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4, 5(1) -- Licence given for a certain period - Acceptance of licence fees subsequent to the revocation does not amount to acquiescence of possession and the licencee's right to evict the licence remains unaffected...........
Easement Act, 1882, Section 60(b) -- Licence - Revocation - Defendant's possession in the nature of a licence coupled with grant and an agree-ment to transfer licenced property - Acting upon licence and promise by plaintiff that defendant would be allowed to raise construction defendant spent huge money - Licence, as such, cannot be revoked...........
Will -- Revocation - For a Will to be revoked, the destruction must be total destruction similar to burning or tearing - Symbolic destruction like writing the word `Cancelled' over the signature is not sufficient.(Succession Act, 1925.S.70)..........
Easement Act, 1882, Section 61, 62 -- Licence - Revocation - Can be expressed or implied - Licence is deemed to be revoked when it is granted for a specific purpose and the purpose is obtained...........
