Will -- Suspicious circumstance - Five cases of forging documents pending against attesting witness of Will, making it sufficient to believe him as an unreliable attesting witness - Moreover, defendant in whose favour Will is alleged to be executed impleaded plaintiff in another litigation based on natural succession - Will in question thus, surrounded by suspicious..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13B -- Ex parte decree of divorce by mutual consent - Setting aside - (i) Petition u/s 13-B of the Act not supported by an Affidavit; (ii) Wife not aware of the filing of petition; (iii) wife has not given her consent for divorce by mutual consent; (iv) wife never appeared before Court; (v)..........
Prevention of Food Adulteration Act, 1954, Section 2(ia)(m) -- Proviso - Adulteration - Sample of Paneer - There is no indication in Public Analyst report as to whether moisture content was more due to natural causes - Even, milk fat content of dry matter may depend upon quality of milk and this question was also not gone into - Petty shop owner has been prosecuted by..........
Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 302 -- Extra judicial confession - Murder - Courts generally look for an independent reliable corroboration before placing any reliance upon an extra judicial confession - However, High Court committed error in making confessional statement as basis and thereafter going in search for corroboration - Extra..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff by making a specific pleading with regard to his readiness and willingness and also proving same by reliable evidence, complied with the requirements of S.16(c) of Specific Relief Act - It was the defendant who failed to perform as per terms of agreement though called upon by plaintiff to..........
Criminal Procedure Code, 1973, Section 482, 173(8), Indian Penal Code, 1860, Section 420, 409, 467, 468 -- Further investigation - Offence u/ss 420, 409, 467, 468 IPC - Allegation of defalcation of goods and misappropriation of stocks from godown of Corporation - Case is of exceptional and special features where High Court was justified in ordering further investigation..........
Marriage -- Help taken of appellants in performance of marriage - Sworn affidavit of girl of performing marriage of her free will and that parties were major on the date of performance of marriage - Penalising appellant not justified - Order passed by High Court making adverse observations against appellant and directing criminal prosecution as also imposition of fine,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to correct the date of death of one person mentioned in plaint - Plaintiff specifically pleaded that by making amendment, neither nature of suit will be changed nor any prejudice will be caused to defendants - Evidence of parties have already been led and matter is posted for final..........
Arbitration and Conciliation Act, 1996, Section 9 -- Interim relief - A party may apply to Court for interim measures before commencement of Arbitral proceedings, during arbitral proceedings or at any time after making Arbitral award, but before its enforcement in accordance with S.36 of the Act - For grant of interim relief u/s 9 of the Act, Court would have to consider..........
Arbitration and Conciliation Act, 1996, Section 36 -- Arbitral award - Enforcement - Where time for making an application to set aside arbitral award has expired u/s 36 of the Act, award might be enforced in accordance with provisions of CPC in the same manner as it were a decree of Court...........
