Will -- Due execution - Plaintiff examined two attesting witnesses of Will - However none of these witnesses testified that they had seen executant affixing his signature or thumb mark to instrument of Will - They did not even state that each of them had signed instrument in the presence of executant - Due execution of Will was not proved...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - One of the non-negotiable requirements of a fair trial is that the accused persons should have ample opportunity to dispel the case and claims of the prosecution against them - Therefore, procedure under Section 313 CrPC is to be followed which provides accused an opportunity to explain such incriminating..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of document - Application for production of document neither accompanied by an affidavit nor any worthwhile reasoning has been given as to what prevented State to place said document on record for about 12 years - Trial was protracted on account of such lapses - However, evidence has not yet concluded - Document..........
Civil Procedure Code, 1908, Order 21, Rule 15, 17 -- Execution - Joint decree holders - It is not absolutely incumbent on executing DH to state in so many words in execution petition itself that decree is being executed for benefit of all decree holders - If it appears to Court that decree is, as a matter of fact, being executed for benefit of all DHs, it will allow..........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Execution - Joint decree holders - Law as to: (i) Provisions of O.21.R.15 CPC apply to all cases where a decree has been passed in favour of more persons than one as joint decree holders; (ii) If decree itself indicates that, though a number of persons figure as decree holders, their interests are clearly defined as to..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Expression `unable to maintain herself' does not mean that wife must be in a state of penury...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 5 -- Cancellation of transfer deed in favour of daughter - Property of mother - Transfer deed contains no recital or stipulation indicating that transfer was conditional upon transferee maintaining or providing basic amenities to transferor - However, transfer was part of a family arrangement,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of insurance Company - Offending vehicle deviated from prescribed route as per permit granted by State Transportation authority and did not have permit to enter the city where accident took place - Insurance company rightly directed to pay the amount and recover the same from owner of offending..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of nullity of a rapat entry and correction of revenue records - Applicant has placed on record certain documents such as mutation and Jamabandi showing transfer of suit land from State Government to one `J' and thereafter to himself - He has also referred to several rounds of..........
Punjab Courts Act, 1918, Section 41 -- Second appeal - Scope of - In State of Punjab and Haryana, second appeals preferred are to be treated as appeals u/s 41 of Punjab Courts Act and not u/s 100 CPC - No question of law is required to be framed...........
