Service -- Claim of gratuity - Death of aided school teacher - Claim was raised by petitioner/son of deceased teacher - Petitioner contends that husband of deceased was estranged and they have been separated for long - He undisputedly has been paid provident fund dues, for which he was notified as a nominee, as seen from records by mother when she was alive, presumably as..........
Kerosene dealership -- Dealership agreement between partnership firm and IOCL - Agreement itself recognises that in the event of death of one of partners, IOCL may continue dealership with said firm - Therefore, on death of one of partners of firm, business of firm would not come to an end in view of Clause 18 of deed of partnership r/w Clause 13 of dealership agreement -..........
Will -- Declaring Will "dubious" at interlocutory stage of deciding application for interim injunction - Trial Court ventured into midst of document, effectively prejudging an issue that ought to be tried in full evidence - This amounts to a jurisdictional error, as Courts dealing with interlocutory reliefs must confine themselves to assessing i.e prima facie case,..........
Wrong provision of law -- Mere quoting wrong provisions will not take away rights of legal heirs of deceased decree holder to pursue execution petition...........
Will -- Exclusion of natural heirs - Testatrix executed Will in favour of her brother-in-law - She gave reasons to exclude her three daughters by stating that they were not in good terms with her and two sons of testatrix had been disowned by testatrix - Due reasons have been given by testatrix so as to discard her Class I legal heirs - Will not surrounded by suspicious..........
Will -- Proof of - Mere fact that Will was executed in favour of grandsons to the exclusion of other legal heirs, Will cannot be discarded, particularly when property in dispute was self-acquired of testator - Moreover, Will is executed to displace the natural succession - Will proved...........
Indian Penal Code, 1860, Section 304A, 337 -- Rash and negligent driving - Reduction of sentence - Occurrence pertains to the year 2000 and as many as more than 24-1/2 years have passed ever since then - Accused does not have any criminal antecedents and is a first time offender - Therefore, subject to payment of fine as imposed and payment of Rs.1 Lac as compensation to..........
Partition suit -- Partition suit and declaration of sale deed as null and void - Plaintiffs failed to establish that they are legal heirs of original pattedar - They have also miserably failed to produce cogent material to show their continuous possessions vis-a-vis possession of suit property by defendants - Defendants on the other hand have been able to show that sale..........
Indian Penal Code, 1860, Section 279, 304A, Probation of Offenders Act, 1958, Section 4 -- Rash and negligent driving - Benefit of probation - Incident occurred without any malicious intent on the part of appellant - Appellant is extended benefit of probation - Sentence of S.I. of six months set aside - Since, there are ten surviving legal heirs of deceased and mostly are..........
Hindu Succession Act, 1956, Section 8 -- Succession - Property inherited u/s 8 of Hindu Succession Act is a separate property of all legal heirs - It does not have ancestral character - In view of S.19 of Hindu Succession Act, property is inherited as tenants in common and not as joint tenants...........
