Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 9 -- Power of State Government to delegate power to arrest, investigation and prosecution cannot be neutralized by any rule framed u/s 23 of SC/ST Act, as such power conferred on it irrespective of provisions of SC/ST Act and irrespective of provisions of SC/ST Rules...........
Will -- Proof - Apart from statutory compliance, broadly it has to be proved that (a) testator signed the Will out of his own free Will, (b) at the time of execution he had a sound state of mind, (c) he was aware of the nature and effect thereof and (d) the Will was not executed under any suspicious circumstances...........
Will -- Proof - Will was duly executed by testator in the presence of witnesses out of his free will in a sound disposing state of mind and same stands proven through testimonies of one of attesting witnesses - Attesting witness categorically stated that testator executed the Will and both he and testator signed Will in presence of each other - No evidence on record that..........
Will -- Proof - Principles required for proving validity and execution of Will - (i) Court has to consider two aspects: firstly, that the Will is executed by the testator, and secondly, that it was the last Will executed by him; (ii) It is not required to be proved with mathematical accuracy, but the test of satisfaction of the prudent mind has to be applied; (iii) A Will..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife one day locked herself in the room and PCR was called and door was broken open and she was found in an unconscious state - Wife had taken contrary stands according to her convenience in her statements made at different times - In medical record there is nothing to reflect that either she was beaten up..........
Service -- Revised pay scale - Benefit granted by High Court to similarly placed employees - State Govt. accepted the judgment - No reason why appellants should be denied the same relief...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - It is for expert to state whether standard signatures sent are fit for comparison or not - Mere length of period between disputed signatures and standard signatures alone would determine the fitness of standard signatures for comparison...........
Hindu Marriage Act, 1955, Section 23(1) -- Divorce - Cruelty - Condonation - Due to unenviable position, a wife may not be in a state to raise her voice and express her dissent, which cannot be construed as a passive consent...........
Evidence Act, 1872, Section 74 -- Public documents - Private documents which are kept as public records by State shall form the public documents - All public documents u/s 74 of the Act are admissible as secondary evidence u/s 65(e) of the Act...........
Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children born out of void and voidable marriage - Law as to: (i) In terms of S.16(1) of the Act, a child of a marriage which is null and void u/s 11 of Hindu Marriage Act is statutorily conferred with legitimacy irrespective of whether (a) such a child is born before or after the commencement of Amending Act 1976; (b) a..........
