Hindu Law -- Ancestral property - Sale in public auction to clear family debts - Purchase of property by members of joint family - Property becomes their self acquired property - Property lost its character as an ancestral property...........
Evidence Act, 1872, Section 65(c) -- Secondary evidence - Registered Will - Unless it is established that original Will is lost, secondary evidence in respect of said Will is not legally permissible...........
Evidence Act, 1872, Section 65(c) -- Secondary evidence - Explanation of S.65(c) - There are two parts of S.65(c) of the Act and both are independent - First part provides that secondary evidence can be given where the original document has been destroyed or lost - Whereas second part comes into play when a party offering evidence of its contents cannot for any other..........
Indian Penal Code, 1860, Section 304A, 279, 337, 338 -- Rash and negligent driving - Fatal accident - Three persons died and many others injured - - Eye witnesses of occurrence travelling in offending vehicle stated in one voice that accident occurred due to negligence of accused as he was trying to overtake another vehicle and lost control over the same, which ultimately..........
Will -- Sound disposing mind of testator - Mere fact that testator had suffered a mild paralyses on his right arm cannot be a ground to conclude that he had lost his mental balance and was not in a position to think his good and bad, particularly when plaintiffs failed to place on record any evidence with respect to mental disability of testator - Testator, held, to be in..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - No specific allegation against accused/sister-in-law of husband of deceased - Allegations were against husband of deceased and other family members - Suicide note as written by deceased lost its relevance as husband of deceased died during course of trial - Deceased was dying voluntarily - Nobody..........
Insecticides Act, 1968, Section 24(4) -- Insecticide - Sample found misbranded - Re-analysis of second sample - Shelf life of sample already expired - Vital right vested in accused to get the sample re-tested to convert the report of analysis of sample obtained by Insecticide Inspector stood frustrated - Accused have lost the right to disprove their guilt, thus, they..........
Evidence Act, 1872, Section 65 -- Secondary evidence - To seek secondary evidence it must be taken a ground that document is missing or lost or in the custody of adversary or any other ground so that other party conducts cross examination in effective manner so as to establish that no such circumstance exists for production of secondary evidence - Moreover, proof of..........
Indian Penal Code, 1860, Section 497, 498, Criminal Procedure Code, 1973, Section 198(2) -- Adultery - Husband concerned alone can file complaint against adulterer - However, in the absence of such husband, some other person can make complaint in respect of said offence under conditions provided in S.198(2) Proviso Cr.P.C. - But once husband obtains divorce from his wife,..........
Banking law -- One Time Settlement Scheme (OTS) - OTS restricting sale of mortgaged property within three years of settlement - Admittedly, sale not made within said period - Possession of mortgaged property not delivered to first respondent so far - Three years lock in period expired - Creation of third party interest or arrangement by way of agreement for sale within..........
