Will -- Proof - Attesting witness/DW2 had very close association with testator and he was a frequent visitor to house of testator - Presence of testator and attesting witnesses and signatures affixed on Will by each of them have been stated by DW2 in his deposition - DW2 was examined twenty four years later and It would be puerile to think that witness would have..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Trial Court besides restraining defendants from creating disturbance, also passed a positive order permitting plaintiff to construct house in question - As long as plaintiff is unable to construct his house, order of trial Court would be rendered ineffectual - It is duty of..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Petitioners have nowhere asserted their possession over suit property - They have claimed merely a right of passage through said land to their house that too by way of easement - Objections filed by petitioners were meritless being not maintainable - Application rightly dismissed...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Proceedings under PWDV Act - Husband has merely stated that his wife remained in matrimonial house for few days and child is not his biological child - Courts below have given specific findings while dismissing the application - No interference warranted in it - Application rightly dismissed...........
Custody of child -- Writ of habeas corpus - Corpus is a major and is not in any wrongful confinement - She left her parental home of her own free will and does not wish to return to her parents house - No further orders are called for in petition - Writ petition disposed of...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 497 -- Release of seized gold and silver jewellery articles - Alleged jewellery articles were seized from house of petitioner and concerned jeweller have prima facie verified the bills - Seized jewellery articles cannot be kept in custody of police, indefinitely in anticipation that complainant would come forward to claim..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction simplicitor - Petitioners are mother and sister of defendant and they are claiming possession over suit land through defendants - However, according to plaintiffs, defendant are only persons who are disturbing possession of plaintiffs over suit land - Petitioners who do..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Assailant used knife and inflicted serious injuries on the body of deceased, including below the belly - Appellant thus, was liable to be attributed with knowledge that injuries which he was to inflict by using weapon in hand, would be sufficient to result into death in ordinary course - There was an..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of daughter-in-law - District Magistrate has not undertaken a proper examination of issues germane to matter i.e ownership of house in question, existence of a shared household and dependency of senior citizen - Eviction order set aside - Matter remanded for a fresh adjudication in..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife asserted that she was forcibly thrown out of house though she was pregnant and was being continuously subjected to cruelty on account of demand of dowry and was being compelled to do household work unabatedly - However, no police report or complaint was made by wife regarding demand of dowry,..........
