Will -- Probate - Will was neither registered nor notarized - One of attesting witnesses to Will was Court clerk of Advocate who prepared Will - Petitioner himself admitted that testator suffered from depression - Testator expired barely a month after the Will was executed - Petitioner failed to satisfy Court that Will was signed by testator out of his own free Will or..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of child - Claimed by father - Mother of child is dead and child is in custody of his maternal grandfather - Father of child admitted that he never met his son after his birth and met first time in Court - Father contracted second marriage and minor has not spent any time with his father till now - Child..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court should record its reasons for admitting additional evidence - Mere reference to peculiar circumstances of case, or mere statement that evidence is necessary to pronounce judgment or that additional evidence is required to be admitted in the interest of justice, or that..........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Incident took place due to some dispute regarding field - Presence of accused at the spot was admitted by defence - Testimony of PW1 regarding incident is fully supported by PW5 who is owner of shop where incident had taken place - An axe was seized from accused and therefore, it cannot be said that prosecution..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signatures admitted - Plea of misuse of blank cheques - Bald assertion of misuse of blank cheques, in the absence of cogent rebuttal, cannot be accepted - Accused failed to rebut presumption u/s 139 of the Act - Accused rightly convicted...........
Will -- Proof of - Attesting witness of Will not examined by plaintiff, as plaintiff claimed that defendants admitted the Will - However, defendants in their written statement stated that Will was not executed by testatrix - Examination of attesting witness cannot be dispensed with as S.68 of Evidence Act is mandatory for proving Will - Will in question not proved...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession - Tenant admitted all aspects required to be established by a landlord in a suit for possession - Trial Court rightly decreed suit with respect to possession...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - `Issue' means a point in question at the conclusion of pleading between contending parties in an action and issues are to be framed in respect of only of those facts which have been alleged by one party and either denied or not admitted by the other party and duty of framing issues primarily rests on Court but such..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Plaintiff entered into Terms of Settlement with defendant no.1 wherein defendant admitted that lease of suit property has expired by efflux of time and plaintiff as rightful lessee of premises - However, sub-lessee have raised tribal issue with regard to sub-lease and specifically pleaded that..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Incurable mental ailment of wife - Husband earlier filed divorce petition but to give a second try to his matrimonial life he compromised the matter - However, after compromise behavior of wife did not change and she continued with her bad behavior - Continuation of bad behavior by..........
