Will -- Testator after the death of her husband living with a man for 40-45 years - It is not possible to believe that she would deprive him of inheritance of her property for no reasons...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - One L.R. on the basis of Will representing the estate of deceased plaintiff - The impleadment of LRs is only to continue with the proceedings initiated by plaintiff - Inter se dispute regarding estate of deceased plaintiff is not subject matter of the present proceedings - Decree passed is to enure to the..........
Limitation Act, 1963, Article 21, Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Succession Act, 1956, Section 8 -- Impleadment of Reversioner as party to suit - Suit for possession being nearest reversioners - Application under Order 1 Rule 10 for impleading party being sister's son of the deceased - Application filed 5 years after death of original owner - Declined..........
Motor Vehicles Act, 1988, Section 167, 143, 147, 149, Workmen's Compensation Act, 1923, Section 2(n), 23 -- Death of deceased in an accident while driving a tractor belonging to his wife - Claim petition filed under Workmen's Compensation Act claiming deceased as `workman' employed by his wife, owner of vehicle - No contract of employment produced - Even as to for what..........
Evidence Act, 1872, Section 68, 71 -- Proof of execution of Will - Registered Will - One of attesting witness expired - Other attesting witness, Deed Writer & Sub-Registrar examined to prove execution of Will - Attesting witness denied putting of thumb-impression by testator & other witnesses in his presence - Evidence of attesting witness found to be fluctuating and not..........
Succession Act, 1925, Section 63 -- Will - Long time elapsed between execution of Will and death of testator, supports execution of Will...........
Indian Penal Code, 1860, Section 299(c), 300(4) -- Provision of S.299(c) and S.300(4) require knowledge of the probability of the act causing death - S.300(4) is applicable where the knowledge of the offender as to the probability of death of a person or persons in general as distinguished from a particular person or persons - being caused from his imminently dangerous..........
Will -- Bequeathing of property to two nephews jointly - Death of one legatee before death of testatrix - Surviving legatee alone would take the whole property - Legal heirs of predeceased legatee do not get anything...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Dowry demand - No demand before or at the time of marriage - Does not mean that demand cannot be raised after the marriage...........
Indian Penal Code, 1860, Section 304B -- Dowry death - 'Soon before' - Interval should not be too long between the time of making the demand and the death - Demand of dowry, cruelty or harassment based upon such demand and the date of death should not be too remote in time, under the circumstances, be treated as having become stale...........
