Will -- Suspicious circumstances - Suspicious circumstances arise due to several reasons such as with regard to genuineness of the signature of the testator, the conditions of the testator's mind, the dispositions made in the will being unnatural, improbable or unfair in the light of relevant circumstances or there might be other indications in the will to show that the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 450 gms - Testimony of police officials - Plea of false implication - Police official having no enmity or motive against accused to falsely implicate him - No evidence on record that accused is innocent or has been falsely implicated in case - Question of false implication does not..........
Will -- Suspicious circumstances - Arise due to several reasons such as with regard to genuineness of the signature of the testator, the conditions of the testator's mind, the dispositions made in the will being unnatural, improbable or unfair in the light of relevant circumstances or there might be other indications in the will to show that the testator's mind was not..........
Prevention of Corruption Act, 1988, Section 7, 20 -- Illegal gratification - Demand and acceptance not proved - Question of presumption and its rebuttal does not arise...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Non-Registration - If an adoption deed is reduced into writing and is signed by both sets of parents i.e parents giving in adoption and parents taking in adoption and adoption satisfies all statutory requirements set out under the Act, mere fact that it is not registered or there is a defect in its..........
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Section 61(a) -- Usufructuary mortgage - Redemption - Limitation - In case of usufructuary mortgage, where no time limit is fixed to seek redemption, right to seek redemption would not arise on the date of mortgage but will arise on the date when mortgagor pays or tenders to the mortgagee or deposits in..........
Agreement to sell -- Compensation in lieu of specific performance - Once plaintiff is held to be not entitled to relief of specific performance, question of granting relief of compensation does not arise - Granting of relief of compensation in lieu of specific performance, arises when plaintiff though entitled to relief of specific performance, is not to be granted said..........
Service -- Departmental enquiry - Vitiated as it was conducted in violation of principles of nature justice - Employee was directed to be reinstated in service with all consequential benefits - Division Bench accepted that inquiry stood vitiated but order of reinstatement set aside and ordered further enquiry - Held, without reinstatement in service, the question of..........
Specific Relief Act, 1963, Section 20 -- Specific performance - Discretion - Instances mentioned in S.20 of Act are only illustrative and not exhaustive - There may be other circumstances or facts which may arise for consideration of discretion to be exercised u/s 20 of Act...........
Evidence Act, 1872, Section 32 -- Two dying declarations - Some of features mentioned in second dying declaration missing in first dying declaration - Such no, mention does not make both the dying declarations incompatible - Incompatibility or inconsistency can be said to arise if assertions in one dying declaration are so diametrically opposed to statements in other that..........
