Bharatiya Nagarik Suraksha Sanhita, 2023, Section 251 -- Framing of charge - At the stage of framing charge, Court cannot minutely analyse material placed on record by prosecution - Only prima facie case is to be kept in mind and in case of grave suspicion, charge must be framed...........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual Harassment - Acquittal - Appreciation of evidence - Inconsistent statement of prosecutrix - Prosecutrix made inconsistent statement regarding the incident in statement u/s.164 Cr.P.C and testimony in court - Further, neither the statement to prosecution witness was corroborated by statement of..........
Will -- Proof - Onus lies on propounder not only to prove due execution but dispel from mind of Court, all suspicious circumstances which cast doubt on the free disposing mind of testator...........
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..........
Will -- Proof - When unusual features appear in a Will or unnatural circumstances shroud its execution, Court must undertake a close scrutiny and make an overall assessment of unusual circumstances before accepting Will...........
Civil Procedure Code, 1908, Section 89 -- Settlement of dispute - Refund of Court fee - For applicability of the provision (a) settlement should be acceptable to both the parties; (b) settlement is brought forth by way of alternative dispute resolution i.e. either arbitration; or conciliation; or through Lok Adalat; or mediation, as the case may be...........
Civil Procedure Code, 1908, Section 89 -- Settlement of dispute - Refund of Court fee - Settlement took place between parties outside Court, during pendency of execution proceedings - Executing Court shall issue a certificate of refund to decree holder to seek full refund of Court fees from Collector...........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Report of Local Commissioner - Defendants have filed objections to Commissioner's report - When defendants have filed objections to Commissioner's report, defendants could have examined Court Commissioner - However, trial Court without permitting defendants to examine Court Commissioner, placed reliance on report of Court..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 63(ii) -- Form of summons - Summons issued by a Court u/s 63(ii) BNSS can be in an encrypted or any other form of electronic communication and shall bear the image of seal of Court or digital signature...........
Criminal Procedure Code, 1973, Section 482, 319 -- Quashing of order - Order of summoning of additional accused - Application u/s 482 Cr.P.C. is not an interlocutory application and supplementary affidavit filed in the case should have been confined to facts within personal knowledge of deponents of respective affidavits as per R.12 of Allahabad High Court Rules ...........
