Succession Act, 1925, Section 276 -- Will - Probate - Mere omission to identify signatures on probate petition by witness is not sufficient to discard probate petition, when there is no cross-examination of said witness on said aspect...........
Indian Penal Code, 1860, Section 147, 148, 427, 435, 149 -- Offence u/ss 147, 148, 427, 435, 149 IPC - PWs identified accused as one of members of mob consisting of 100 of numbers and that mob being armed with deadly weapons entered into the house of PW2 committed mischief, put the house hold articles on fire - Mere plea of denial is not sufficient to discard such evidence..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plaintiff claiming himself to be in exclusive possession of suit land as co-sharer and that entries to the contrary be declared as null and void - However, plaintiff nowhere had laid any challenge to the entries whereby defendant was shown as co-sharer - There is no reason to discard the long standing revenue..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - Premises in question required for running a grocery store jointly by landlady and her husband - Merely because husband never stepped into witness box, is no ground to discard the case of landlady, particularly when need was as such joint and landlady herself had been examined...........
Will -- When due execution of Will is proved and there is no other attending circumstances to arrive at irresistible conclusion that Will was outcome of any fraud or misrepresentation, then disinheritance of legal heir alone would not be a sufficient ground to discard the Will...........
Indian Penal Code, 1860, Section 364, 302, 201, 34, 120B, Evidence Act, 1872, Section 8 -- Kidnapping - Murder - Motive - There is no documentary evidence with regard to land transaction between deceased and accused which is established by unshattered corroborated oral evidence - Therefore, absence of documentary evidence cannot discard motive proved by oral evidence...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Indian Penal Code, 1860, Section 376(1), 450 -- Juvenile - Determination of age - Offence u/ss.376(1), 450 IPC - After perusal of evidence produced before the enquiry officer, it is found that the evidence of Kotwari register is not convincing - However, on the other hand, evidence of school records..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Collusion between lorry and car - Death of driver and one of passengers of car - Accident occurred due to rash and negligent driving of driver of offending vehicle - Place of occurrence is a curve and accused driving the lorry at a high speed which resulted in death of two persons - No..........
Will -- Probate - Attestation or notarization of Will is not required to seek probate - However, judicial notice can be taken of fact that party may get Will notarized being ignorant of said fact. (Para 10) Will - Probate - Variation of signatures of daughter of testator on attested notarized Will - Appellant appointed as executor of Will, as he was neighbour and close..........
Evidence Act, 1872, Section 32 -- Dying declaration - Evidentiary value Deceased suffered 80% burnt injuries - Dying declaration bearing left thumb impression of deceased, signatures of Investigating Officer and medical officer - Can be relied upon - Mere fact that statement was not preceded by certification, that deceased was in fit state of mind while making dying..........
