Will -- Proof - Deprivation of natural heir - May not amount to suspicious circumstance as whole idea behind execution of will is to interfere with normal line of succession - However, prudence requires reason for denying benefit of inheritance to natural heirs and absence of it, though not invalidate will in all cases but shrouds disposition with suspicion as it does not..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written Statement - Non filing within time - No good reason assigned for not filing written statement for more than two years after appearance in suit till matter reached the stage of judgment - Application to set aside `no written statement' order, rightly rejected...........
Service -- Claim of gratuity - Death of aided school teacher - Claim was raised by petitioner/son of deceased teacher - Petitioner contends that husband of deceased was estranged and they have been separated for long - He undisputedly has been paid provident fund dues, for which he was notified as a nominee, as seen from records by mother when she was alive, presumably as..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Delay in filing FIR - Mere fact that eye witness did not approach police cannot be a reason to find delay in FIR to be suspicious...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Delay in filing FIR - Accident occurred at 6 pm and murg report was on the same day - Mere fact that eye witness did not approach police cannot be a reason to find delay in FIR to be suspicious - FIR cannot be disbelieved especially as insurance company did not make any attempt to examine I.O. before..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Testimony of eye witnesses - Prosecution failed to prove that alleged eye witnesses had witnessed accused assaulting deceased - Names of alleged eye witnesses were not mentioned in written report - Police statement of PW6, PW7, PW8 were recorded after delay of 20 days of incident - No reason for recording their..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Reason given for not filing written statement in time is that lawyer was not well - However, no supporting documents have been brought before Court - More so, earlier applications filed to accept written statements were dismissed and court below rightly held that application is..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was subjected to harassment at the hands of husband and his family members for demand of Rs.2 lakhs with a motorcycle and she was ousted from her in-laws house - She thus, has a valid reason to stay separately from husband - Wife is less educated woman unable to maintain herself - Husband is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Only reason sought to be ascribed for seeking amendment in written statement is that advocate who filed said application was recently engaged by defendant no.2 and after perusal of record and pleadings, he realised that certain amendments in written statement were required - However,..........
Kerala Anti Social Activities (Prevention) Act, 2007, Section 3 -- Preventive detention - Observations made in detention order do not ascribe any reason as to how actions of detenu are against public order of State - No reasons are assigned by detaining authority, as to why and how actions of detenu warrant the exercise of such an exceptional power of preventive detention..........
