Will -- Validity of - Conscience of Court must be satisfied that the Will in question not only executed and attested in the manner required under Indian Succession Act, but it should also be found that said Will was the product of free volition of executant who had voluntarily executed the same after knowing and understanding the contents of the Will - Whenever there is..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Telephone -Delay in setting the telephone in order - 20 days delay occurred in removing the underground cable fault not explained - Negligence is writ large on the part of the Telephone Department - A sum of Rs.15,00/- as compensation awarded by the District Forum is not at all excessive to call for interference..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Appeal against conviction - Independent witness was there but not examined - The seal after use was not handed over to the independent witness - Grounds of arrest not supplied to the accused as required u/S.52(1) - No special report issued to the higher authorities as required u/S.57 - Non-compliance of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Appeal against conviction - Sample - Link evidence - Prosecution has to prove affirmatively that right from the stage of seizure till it reached the hands of Chemical Analyst, there was no possibility to change or tampering with the material or the sample - Link evidence missing - Contention of the..........
Limitation Act, 1963, Article 136 -- Terminus a quo for computing limitation of 12 years - Date of appellate Court decree in the event of appeal as judgment of trial Court merges in judgment of appellate Court - Not from date of original decree...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement in appeal by legal representatives of deceased-defendant in a suit for specific performance - Defence already taken in written statement that property in question ancestral and therefore suit for specific performance not maintainable - By virtue of proposed amendment legal representatives only..........
Lok Adalat -- Award - Bar to appeal - Applicable only when award based on compromise or settlement arrived at between parties - Order of Lok Adalat based on Iqbaldawa (admission) of defendant - Nothing to show that defendant present on date of Lok Adalat and verified Iqbaldawa or compromise - Defendant filing affidavit denying Iqbaldawa - Respondent No.2 rightly directing..........
Civil Procedure Code -- A and Section 105 - Non - appealable interlocutory orders - Party aggrieved by interlocutory order - Given - a right only in appeal against decree to contend that such order should not have been made...........
Civil Procedure Code, 1908, Section 115(1), Order 18, Rule 17A - - Revision against order dismissing application for additional evidence - Not maintainable - Order does not fulfil requirement of clause (a) nor that of irreparable injury postulated in clause (b) of Proviso to Section 115(1) - Petitioner if fails in suit entitled to challenge in appeal against decree under..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 42 -- Appeal against conviction - Search conducted before the sunrise - Failure on the part of police to comply with the provisions of the proviso to Section 42(1) of the Act certainly affects the prosecution and the trial - The prosecution and the trial held vitiated...........
