Partnership firm -- Death of a partner - Liability of legal heirs - Legal heirs of a deceased partner do not become liable for any liability of firm upon death of a partner...........
Will -- Suspicious circumstance - Exclusion of natural heirs - Mere exclusion of natural heirs from any benefit is not of such suspicious circumstances as to create legitimate doubts on the genuineness of Will...........
Will -- Exclusion of natural heirs - Will is executed only to alter the mode of succession and by the very nature of things it is bound to result in either reducing the share or depriving the share of natural heir - Merely because some of the heirs have been excluded the same cannot be held to be suspicious circumstance...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Death of party - Substitution of Lrs - Where a party dies in a pending suit/appeal and judgment/decree is passed in ignorance to such death, question of substitution of his/her legal heirs and setting aside the abatement, if any can only be considered by Court before whom suit/appeal was pending at that time...........
Will -- Suspicious circumstances - No attesting witness of Will has been examined as per provisions of S.68 of Evidence Act - Even, thumb impressions of testator has not been got proved from any handwriting and fingerprint expert - No reason assigned in the Will that why widow of testator was deprived from bounty of deceased and even no provision for her maintenance has..........
Rent and Eviction -- Bona fide requirement - Death of landlord during pendency of eviction proceedings - Remand of case on the ground that on death of landlord during pendency of eviction proceedings his heirs had to demonstrate afresh, the bona fide requirement of leased land - Crucial date for deciding the bona fides of requirement of landlord is the date of his..........
Service -- Dismissal from service - Employee attained the age of superannuation and charge sheet filed thereafter - On the date of superannuation, no disciplinary proceedings was pending against him - Order of removal or dismissal from service can be passed only when an employee is in service - If a person is not in employment, question of terminating his service..........
Revenue record -- Entries in subsequent jamabandis cannot be relied upon when there was no basis for the change and there was no evidence of knowledge of the person who is likely to be effected by such change, regarding the entry - Therefore, his legal heirs cannot be debarred from changing the entry...........
Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children born out of void and voidable marriage - Law as to: (i) In terms of S.16(1) of the Act, a child of a marriage which is null and void u/s 11 of Hindu Marriage Act is statutorily conferred with legitimacy irrespective of whether (a) such a child is born before or after the commencement of Amending Act 1976; (b) a..........
Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 302, 307 -- Fine - Murder - Considering conduct of accused and financial damages suffered by victim's family, two deceased and injured, damages of Rs.10 lacs each awarded to legal heirs of two deceased for an offence u/s 302 IPC - Amount of fine as awarded u/s 307 IPC of Rs.5 lacs would be..........
