Succession Act, 1925, Section 222, 63, Evidence Act, 1872, Section 68 -- Will - Probate - Will in question attested by two witnesses - One of attesting witnesses of Will identified and proved signature of other attesting witness - Attesting witness also identified his signature in his declaration appearing at page 10 of Probate petition - Testator was proved to be..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail on condition to pay Rs.70 lakhs - Death of 7 pilgrims and 10 injured in festival - Accident took place on suffocation due to congestion and rush - Petitioner was not even named in FIR - From averments of FIR, it does not appear that petitioner was responsible for death - Even otherwise, it does not appear..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 323, 148, 147 -- Spot witnesses - Murder case - Material witnesses are spot witnesses - No reliance therefore can be placed with regard to manner and sequence of events of alleged incident, more particularly when there are irreconcilable inconsistencies with regard to manner in which incident as..........
Indian Penal Code, 1860, Section 302, 323, 148, 147, Evidence Act, 1872, Section 27 -- Murder - Seizure memo and identification memo - Recovery of weapon of offence and identification of spot claimed to have been effected on basis of statements made by accused during their police custody - But no such statements in accordance with provisions of S.27 of Evidence Act..........
Gangtok Rent Control and Eviction Act, 1956, Section 4 -- Rent and eviction - Bonafide need - Evidence on record reveals that landlord has no other business except business of one small tea shop and his family is entirely dependent on income generated from this business - Moreover, landlord`s medical condition would undoubtedly entail higher expenditure - Landlord requires..........
Practice and Procedure -- Pleadings and evidence are to be read in its entirety and there cannot be cherry picking of sentences for purposes of convenience...........
Will -- Scribe as an attesting witness - Stating so in evidence is not sufficient - There must be some indication to show elements of intention to stand as an attesting witness in the document...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for declaration and permanent injunction by private trust - Pleadings in plaint making out triable issues, which have to be proved by either party during trial by letting in evidence - Issue of limitation is also a mixed question of fact and law requiring proof - Court considering application to..........
Indian Penal Code, 1860, Section 363, 366A, 376, 201 -- Kidnapping and rape of 5 years old minor girl - Merely because parents of child victim turned hostile and stated that victim was not having any injury mark, have no impact on prosecution case, particularly when medical evidence proves otherwise...........
Indian Penal Code, 1860, Section 363, 366A, 376, 201 -- Kidnapping and rape of 5 years old minor girl - Accused committed rape of 5 years old girl in a truck - Missing of girl was reported immediately to police and within three hours girl was recovered - Accused was arrested on the same day and on his information truck was seized - Mobile Unit of FSL inspected truck and..........
