Will -- Suspicious circumstance - Execution of Will in favour of one of daughters of testatrix - Prominent involvement of propounder/son-in-law of testatrix, whose wife is the beneficiary of Will, in the execution of Will - Executor was admittedly present during execution and registration - However, Will itself categorically explains why other heirs were excluded and..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Merely on the allegations of harassment and without there being any positive action proximate to time of occurrence on the part of accused, which led or compelled a person to commit suicide, an accused cannot be convicted u/s 306 IPC...........
Road widening project -- Directions issued to State or its instrumentalities i.e: (i) Ascertain the existing width of road in terms of official records/maps; (ii) Carry out a survey/demarcation to ascertain whether there is any encroachment on the existing road with reference to the existing records/maps; (iii) If an encroachment is found, issue a proper, written notice..........
Interference with possession by police -- Under no circumstances police can interfere with possession of immovable property, as such action does not bear sanction by any provision of law...........
Hindu Marriage Act, 1955, Section 13, 14 -- Divorce - Petition filed within one year of marriage - Mere fact that divorce petition was not decided within one year or soon thereafter and it was decided after expiry of much time, bar contained u/s 14(1) of the Act remained relevant and petition may not become competent by passage of time, as cause of action may only be seen..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - Application U.O.7.R.11 CPC to reject the application filed u/s 151 CPC - Plea taken that consent decree cannot be set aside u/s 151 CPC and that consent decree was granted..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act is maintainable even though civil suit for recovery is instituted on the same cause of action...........
Service -- Recruitment process - Preparation of Final Select List signals the conclusion of appointment process - Action of State Government scrapping the entire process and to undertake a fresh appointment process under the New Rules amounts to effectively changing the rules which is impermissible which deprives the candidates of their legitimate right of consideration..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought on account of death of father of plaintiffs - Plaintiffs claim in the suit originally was challenge to transfer deed executed by their father and his wife - They asserted their claim over the estate of their parents - During the life of father, plaintiffs had no cause of action to seek..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Court may recall a witness, where some evidence with regard to conduct or action of other party comes into existence after recording of statement of said witness...........
