Will -- Sound mind - At the time of execution of Will testator was on death bed and was administered drip - Hands of testator were shivering while signing Will - Testator died after few hours of execution of Will - Dispositions made in the Will may not be the result of testator's free Will and mind - Propounders have failed to satisfy judicial conscience of Court regarding..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(D), 376(2)(n), 376, 292, 120B, 506, Information Technology Act, 2000, Section 67A -- Bail during pendency of appeal - Offence u/ss 376(D), 376(2)(n), 376, 292, 120-B, 506 IPC and S.67-A of I.T Act - Statement of victim reveals a promiscuous relationship and sexual encounters with all the three..........
Prevention of Corruption Act, 1988, Section 13, Indian Penal Code, 1860, Section 109 -- Offence u/s 13 of P.C. Act against public servant and u/s 109 IPC against non public servant - All accused discharged - During pendency of revision, main accused died - Revision dismissed by holding that death of main accused has resulted in abatement of trial - Held, death of main..........
Evidence Act, 1872, Section 137 -- Cross examination of a witness in deferred cross examination - Advance list of questions to be put to the witness - It will result in manifest injustice and expose the opposite party before hand to the questions to be asked and come prepared - This would defeat the purpose of cross examination and deflect the course of justice - Element..........
Limitation Act, 1963, Article 113, Specific Relief Act, 1963, Section 26 -- Limitation - Suit for rectification of name of father of plaintiff in sale deed - Rectification of instrument is governed by S.26 of Specific Relief Act in which no limitation has been provided - Moreover, for rectification of errors which are inadvertently or are result of mutual mistake of..........
Parole -- Claim for parole of 20 days - Rejection of - Conviction of appellant for life imprisonment under TADA - As per reports of concerned authorities`s release of appellant may lead to untoward incidents in society, adverse effect on younger generation, which may result into effecting peace of society - There is also possibility of public physically harming appellant..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Court instead of closing right to file written statement should grant some time to defendant subject to payment of reasonable costs to compensate the inconvenience caused to plaintiff - Order by High Court allowing defendant to file written statement within the extended time by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - All amendments be allowed which satisfies the two conditions, viz. (i) it should not be unjust and result in prejudice against the opposite party and it could not be compensated in terms of cost or would deprive the opposite party for a valuable right which has accrued to him with the passage of time;..........
Evidence Act, 1872, Section 106 -- Burden of proof - Burden to establish facts in exclusive knowledge of accused, is on accused person concerned and if he fails to establish or explain those facts, adverse inference of facts may arise against him, which coupled with presumptive evidence adduced by prosecution would rebut presumption of innocence in favour of that person..........
Prevention of Money Laundering Act, 2003, Section 2(u), Constitution of India, 1950, Article 14, 20, 21, 300A -- Definition of proceeds of crime - Constitutional validity - S.2(u) of the Act implicitly rules out mens rea or knowledge that property is result of criminal activity for achieving object of the Act - However, properties apart from proceeds of crime are not..........
