Will -- Probate - Objection that Will not signed by attesting witnesses, taken by Testamentary Department - Attesting witnesses of Will filed their affidavits stating that they were very much present at the time when deceased executed Will in the office of Joint Registrar and have even signed as witnesses on registration page - Objection taken by Testamentary Department..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of pleadings - Sought after commencement of trial - Irrespective of specific objection by opposite party, it is duty of Court to satisfy itself that applicant inspite of due diligence, could not have filed the application at an earlier stage...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Dispute relating to lease/tenancy - Petitioner being an individual who is a national of Kenya and is habitually a resident of that country, having entered into a contract and since disputes have arisen under said document, same qualifies as an `International Commercial Arbitration' as..........
Civil Procedure Code, 1908, Order 13, Rule 4, Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 7, Rule 14(3)(4) -- De-exhibiting a document - Document produced alongwith replication, without seeking leave of Court - Same exhibited during examination of plaintiff without any objection being raised by defendant - Defendant also cross examined on..........
Evidence Act, 1872, Section 114(e), 90 -- Documents executed by public authority - Documents more than 30 years old - Certified copy of Ex.D1 vesting title by Municipality, in favour of plaintiff's vendor produced - Plaintiff produced photocopies of all other resolutions, government orders and sale deed in favour of their vendor, by Municipality - Documents produced from..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Defendant denied lessor-lessee relationship between parties and pleaded that he was licensee of opposite party - However, no plea of licence is raised by defendant either in written statement or in objection file U.O.15.R.5 CPC - In absence of plea of licence, submission being advanced by defendant,..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Defendant has full notice of suit and application U.O.15.R.5 CPC - But he chose to adopt a course to file objection and not to make good the default - Since defendant is found to have committed default, he stands exposed to consequences of O.15.R.5 CPC - Defence of defendant rightly struck off...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and order declaring accused as proclaimed offender - Petition u/s 482 Cr.P.C. by an accused who is declared proclaimed offender is not maintainable - Accused should first move the Court who had declared him a proclaimed offender and even..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Order passed u/s 19 of the Act - Non-consideration of domestic incident report - No such objection regarding non-consideration of domestic incident report was raised before trial Court - Therefore, it is not open for applicant to raise it for first time before High Court in proceedings u/s 482 Cr.P.C,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 341, 307, 337, 326, 379, 504, 147, 148, 149, Arms Act, 1959, Section 27 -- Anticipatory bail - Offence u/ss 323, 341, 307, 337, 326, 379, 504, 147, 148, 149 IPC and S.27 of Arms Act - No proclamation and declaration with regard to petitioner u/s 82(4) Cr.P.C that he is an absconder -..........
