Will -- Suspicious circumstance - Overwritings in Will - Typographical errors occurred while typing the Will - There is no overwriting either in the name of testator or with main contents of Will - Trial Court hastened to come to conclusion that overwritings in Will rendered the same suspicious without dwelling upon as to what were those overwritings and what was their..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Circumstantial evidence - Relations between deceased and accused were not cordial - Deceased was found dead in the dwelling house where she was residing with accused and were also last seen together with him - No explanation given by accused as to how deceased sustained injuries - More so, accused remained..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Mere statement that accused/sister-in-law of victim insisted victim to involve in illicit activity and on denial by victim accused tortured her held, not tenable as other allegation of prosecution that husband of victim suspected her character, killed her in the night by taking her out of dwelling hut on some pretext are..........
Hindu Succession Act, 1956, Section 23 -- Dwelling house - Partition - Portion of the house let out for marriage purposes and is not wholly occupied by family members - Said house is thus, available for partition...........
Hindu Succession Act, 1956, Section 6, 23 -- (as per 2005 amendment) - Co-parcenary rights of daughter - Suit for partition of undivided dwelling house - S.6 confers rights on daughters irrespective of when they are born - Omission of s.23 from 1956 Act confers right on Class-I female heir to claim partition in dwelling house without any eventualities - Hence, plaintiff..........
Hindu Succession Act, 1956, Section 23(as -- Dwelling house - Right of female to seek partition - Female being class - I heir is now entitled to seek partition of dwelling house in view of amendment of S.23 of the Act - Even though suit filed prior to said amendment but since the lis is continuing in second appeal which is already admitted, there arises no legal objection..........
Indian Penal Code, 1860, Section 436 -- Mischief - Committed in `Hut' by setting fire - S.436 IPC is attracted only when mischief caused resulted in destruction of building and `hut' cannot be said to be building particularly when it was not used for dwelling purpose or used as a place of worship or as a place for custody of property...........
Indian Penal Code, 1860, Section 436 -- Mischief - Committed in `Hut' by setting fire - Prior enmity between parties - Preponderance of probability regarding occurrence pointed in the statement of accused u/s 311 Cr.P.C that they have been falsely implicated in the case - Enmity cuts both ways and if complainant has a reason of falsely implicate the accused, accused also..........
Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979 - - Regls.10, 44 - Lease Property - Transfer - Lock-in-period - Hirer is competent to alienate property as he has become owner of property by paying all outstanding amount - Held, though documents of transfer were executed within lock-in-period, but fact remains that subsequent to such..........
Agreement to sell -- Specific performance - Property is joint Hindu Family Coparcenary property of defendants and was being used as dwelling house - No partition has been effected among legal heirs - Suit for specific performance of agreement was filed by plaintiff - Possession cannot be done without partition...........
