Will -- Proof of - Execution of Will not proved by plaintiff in terms of S.63 of Succession Act and S.68 of Evidence Act - DW1 and DW2 not admitted the execution of Will - PW2 and PW3 both have not disclosed the date, month and year of execution of Will - Will thus, not proved - Suit for permanent injunction and declaration on basis of Will dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.52-A of the Act - Neither any inventory was prepared nor same was produced before jurisdictional Magistrate on the next date - There is thus, a clear violation of S.52-A of the Act - Appellants acquitted...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 12 years and 158 days in filing restoration application - Litigation between parties started sometime in 1981 - Almost 43 years have elapsed - However, till date respondent has not been able to reap the fruits of his decree - It would be mockery of justice if delay of 12 years and 158 days is condoned -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 3 cases - Concurrent running of sentences - First conviction of accused recorded in the year 2022 and thereafter he was convicted and sentenced in two cases in the year 2023 - Appeal filed by accused against conviction are pending - Having regard..........
Agreement to sell -- Refund of advance amount - Plaintiff pleaded for refund of advance amount of Rs.20,000, as paid to defendant - Though defendant pleaded that he had returned the amount of Rs.1000 but there is no evidence to that effect - Defendant directed to pay Rs.20,000 with 9% interest p.a from the date of execution of agreement till the date of repayment...........
Agreement to sell -- Refund of advance amount - Plaintiff pleaded for refund of advance amount of Rs.20,000, as paid to defendant - Though defendant pleaded that he had returned the amount of Rs.1000 but there is no evidence to that effect - Defendant directed to pay Rs.20,000 with 9% interest p.a from the date of execution of agreement till the date of repayment...........
Hindu Marriage Act, 1955, Section 25(2) -- Application u/s 25(2) of the Act - Maintainability - Divorce petition is pending between parties and no decree of divorce has been passed till date - S.25(2) of the Act is not applicable...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - General allegation against accused and her family members in suicide note - There were no acts of incitement on the part of accused proximate to the date on which deceased committed suicide - No act is attributed to accused proximate to the time of suicide which was of such a nature that deceased was left with..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Constructions were made over suit property during pendency of appeal before first appellate Court - Appellate Court while exercising its discretion and in order to preserve the property till hearing of appeal has passed injunction order only till next date of hearing -..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide notes were written weeks before the act of suicide and not in close proximity to the date of suicide - There is no reference to any instigation by accused/wife to prompt the deceased/husband to commit suicide - Suicide notes indicate that deceased felt need to commit suicide - Other than ordinary..........
