Will -- Suspicious circumstance - Fishing enquiry with digging of faults and lacuna is not to be resorted to while examining a Will, but at the same time, real and valid suspicions which arise because of anything standing beyond normal happening or conduct cannot be ignored either...........
Indian Penal Code, 1860, Section 279, 338 -- Accident - Collusion between bus and car - Offending bus driven by accused struck against car - Car was badly damaged and all three occupants including complainant were seriously injured - However, actual negligence has been imputed to complainant himself by PW4, who was neither declared hostile nor re-examined after he made..........
Constitution of India, 1950, Article 226 -- Disqualification of member of Rajya Sabha - Additional evidence sought after disqualification - Where subsequent event or conduct of member is relevant with respect to state of affairs as pertaining to time when member has incurred disqualification, that subsequent events can be taken into consideration by High Court in exercise..........
Army Act, 1950, Section 69 -- Court martial - Murder - Accused shot deceased while he was sleeping - After incident, accused immediately came out of tent, surrendered himself and gave an explanation that he had fired rifle under a delusion that there was a terrorist attack - Conduct and behavior of accused in jail is excellent - Accused actually served sentence of 16 years..........
Agreement to sell -- Specific performance - Plaintiff used the name of Satish Kumar Kahndelwal in agreement to sell, though prior thereto documents placed on record admitted by plaintiff himself describe him as Satish Sharma - No explanation muchless plausible explanation forthcoming from record as to why plaintiff described himself differently - Unnatural conduct of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 30 kgs ganja - Informant is also I.O, who detected accused with contraband, conducted search and seized the same, lodged first information and also conducted entire investigation - It is not the case of prosecution that there was no other Officer available to conduct investigation nor..........
Public Meeting - - For condemning recent amendments made to citizenship law - Permissibility - Site chosen by petitioner is usual place where meetings are organized - Petitioner's counsel states that meeting will be conducted in such a manner that general flow of traffic is not affected - Decibel levels of amplifier will not exceed permissible limits - Speakers will not..........
Service -- Misconduct - Dismissal - Judicial service - Allegation against appellant Judge is that she unduly awarded additional amount and enhanced compensation to claimants in two Land Acquisition cases - However, charge sheet shows that there is no allegation of process having been vitiated by appellant - No explicit mention of any extraneous consideration being..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Death sentence - Offence committed in extreme mental or emotional disturbance, due to elopement of wife of accused with uncle of children - Only aggravating circumstance against accused is that incident took place in brutal manner - At the time of occurrence, accused 28 years of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Factum of separation of more than 2 years before presentation of divorce petition not made out and animus deserendi not made out from conduct of wife - Ground of desertion not made out - Divorce petition rightly dismissed...........
