Will -- Registered Will - Mere fact that Will was registered Will not grant validity to document...........
Will -- Suspicious circumstances - Testator had four children including plaintiff and defendant No.1 - There is not even a whisper of reasoning as to why testator choose to exclude other three children from bequest and whether any other properties or assets were given to them - It is highly unlikely that a father would grant his entire property to one of his children at..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Non-cooperation with investigation by petitioner - Behaviour attributed to petitioner cannot be considered as an instance of non-cooperation, justifying denial for grant of pre-arrest bail, since an accused while joining investigation is not expected to make self incriminating statement under..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Attendant charges - Claimant having suffered permanent physical disability to the extent of 100%, he would definitely require assistance during his further life - Claimant was required to use a water bed for his comfort considering his handicap - He was also required to use a wheelchair even..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Head of pain and suffering to family members - Tribunal had awarded an amount of Rs.3 lacs towards pain and suffering to family members of claimant - High Court set aside grant of compensation under said head without assigning any reason - When Tribunal had awarded compensation under head of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Grant of compensation for loss of future income is a distinct head from one under which compensation is granted for permanent disability - Fact that claimant suffered 100% permanent disability and was living in a vegetative state, High Court was not justified in setting aside grant of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and permanent injunction on basis of Will - For purposes of grant of interim injunction, it is sufficient that plaintiffs have a Will in their favour which prima facie establishes a case in their favour - Factum of veracity, authenticity and legality of Will is a matter of trial..........
Malicious prosecution -- Suit for damage - Every acquittal is not a consequence of malicious prosecution - Law provides for compensation for malicious prosecution and not for wrongful or uncalled for or failed prosecution - Civil Court has to conduct an independent enquiry - Grounds of acquittal cannot constitute sole reason for grant of a decree in favour of plaintiff...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Married life should be assessed as a whole - Mere trivial irritations, quarrels, normal wear and tear of married life which happens day-to-day in all families would not be adequate for grant of divorce on the ground of cruelty...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte ad interim injunction - Non-compliance of provision of O.39.R.3 Proviso (a), (b) CPC - If Court is satisfied of non-compliance by applicant with provisions contained in proviso then on being so satisfied would simply vacate ex parte order of injunction without expressing any opinion on merits of case leaving it open..........
