Will -- Burden of proof - It is the burden of propounder of a Will to show that it was signed by testator, that he was in a sound state of mind at the time, that he understood the contents of document to which he put his signature and that he did so of his own volition - Any legitimate doubts raised in the mind of Court with regard to validity of execution of Will must..........
Limitation Act, 1963, Section 14, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Proceedings at the instance of son though having no locus being not party to original suit - Pendency of said proceedings and time spent therein cannot be excluded while computing period of limitation in filing appeal by defendant...........
Indian Contract Act, 1872, Section 55 -- Time essence of contract - Contract not completed within stipulated time - Even if technically time was not of essence of contract, it cannot be presumed that delay was of no consequence - Compensation granted to complainant on account of delay...........
Indian Contract Act, 1872, Section 73, 74 -- Breach of contract - Quantum of compensation - Defendant failed to execute work of construction of sewerage pumping station within stipulated time - Said pumping station was of public utility project - Even if there is no specific evidence of loss suffered by plaintiff authority but project being public utility, delay itself can..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Limitation - Suit for declaration - Suit property was transferred to predecessor in interest of defendants in the year 1962 - Said fact is in the knowledge of plaintiff - Cause of action not being a re-occurring event and right to sue having occurred immediately at that time - Suit filed in the year..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Seriousness of allegations or availability of material in support thereof are not the only considerations for declining bail - Delay in commencement and conclusion of trial is a factor to be taken into account and accused cannot be kept in custody for indefinite period if trial is not likely to be concluded within..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 31 -- Recovery of poppy straw - Delay of 13 days in sending sample to FSL - No explanation given by prosecution for withholding sample for such a long time - Accused acquitted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Unnatural and homicidal death of deceased at her matrimonial home - Accused alone perpetrator of murder of deceased as he was present at the time of death of deceased - When presence of accused at the time of incident is proved on record, principle enshrined in S.106 of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Monthly income - Deceased was 22 years of age at the time of accident and doing tailoring, embroidery and knitting at home and was earning Rs.900/- p.m - It is not possible to monetize domestic work done by deceased house maker - It is reasonable to fix her income at Rs.3000/- p.m...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 22 years of age at the time of accident - Multiplier of 18 is appropriate for loss of dependency of claimants...........
