Will -- Executed in favour of stranger to the exclusion of son and his wife - Testator was not ordinarily residing with his son and wife and relations between them were not absolutely normal - Will was a registered document - Testator was in best of his health and also was in sound disposing mind at the time of its execution - He remained alive for about eight years after..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased was ailing and not keeping good health as per statement of psychiatrist - It was not a case of suicide - More so, evidence on record shows that there is marital discard, as accused/husband was not in speaking terms with deceased/wife - No material evidence sufficient enough to attract ingredients of..........
Will -- Suspicious circumstance - Exclusion of natural heirs - Mere deprivation of some of natural heirs by itself is not a suspicious circumstance to discard a Will, as divesting of close relations being purpose of execution of a Will and is normally not a suspicious circumstance...........
Will -- Proof of - Joint application signed by four sons of testator wherein they stated that testator had not left any Will, is not a ground to discard registered Will of which execution is admitted in plaint and there is no allegation of fraud and misrepresentation having been made by plaintiff - Will is proved...........
Indian Penal Code, 1860, Section 302, 324, 149, 148, 147 -- Offence u/ss 302, 324, 149, 148 , 147 - Conviction - It can be held that the presence of the accused as a part of the unlawful assembly is sufficient for his conviction - Further, the non-applicability of Section 149 of IPC would not be a bar for convicting the accused/appellants if the evidence would disclose the..........
Will -- Proof of - One small factual error which does not affect validity of a registered Will, not sufficient to discard registered Will, particularly when brother of testator has appeared in evidence and supported case of propounder of Will...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Refusal to grant further adjournment in favour of accused to adduce evidence of defence witnesses - Accused should not be allowed to unnecessarily protract trial or request the Court to issue summons to witnesses whose evidence would not at all be relevant for deciding the case - In such situation trial..........
Will -- Execution of two Wills on the same day - One Will executed relating to lease hold rights of property situated in one village and the second Will executed of which the testator is the owner of property situated in another village - Merely because the testator executed two Wills on the same day would not be sufficient to discard the Will which is signed not only by..........
Agreement to sell -- Specific performance - Adverse inference for non examination of Sarpanch who is neither a witness to agreement to sell nor instrumental in the contract - Plaintiff has only stated that he requested defendant many a times in presence of Sarpanch - Even, if plaintiff fails to prove that fact it is not sufficient to discard written contract - Moreover,..........
Transplantation of Human Organs and Tissues Rules, 2014 -- Kidney transplantation - Admittedly, petitioner and her husband are not foreign nationals - Authorization committee has only rejected the case of petitioner for kidney transplantation due to short duration of marriage - Evidently, duration of marriage is not a ground to discard willingness of one of spouse to..........
