Will -- Suspicious circumstance - Five cases of forging documents pending against attesting witness of Will, making it sufficient to believe him as an unreliable attesting witness - Moreover, defendant in whose favour Will is alleged to be executed impleaded plaintiff in another litigation based on natural succession - Will in question thus, surrounded by suspicious..........
Mutation -- Mutation entries are only fiscal in nature and these do not confer any title in respect of the property to which they relate nor do these entries extinguish right of a party in respect of the said property - Title to an immovable property is to be established by disputants before a civil court and not in mutation proceedings - Mutation is attested only in..........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Enforceability - No legal impediment to enforceability of arbitration agreement pending payment of stamp duty on substantive contract...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Three arbitration agreements executed between parties - Identical arbitration clause contained in all three agreements not disputed - Respondent himself proposed to consolidate dispute under said agreements and to refer them to a sole arbitrator to one single arbitration, thus respondent..........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings pending decision of application filed U.O.9.R.13 CPC - Stay application be heard and decided on merits prior to execution of warrants of possession so that defendant is able to prima facie put forth his case before being dispossessed in execution of..........
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3(1) -- Preventive detention - Vital fact that detenue had been released on bail by Special Court despite rigours of S.37 of NDPS Act had not been brought to notice at the time when detaining authority passed detention order - This fact was withheld and detaining authority was..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Inter State water river dispute - Suit was pending between two States for the last 19 years - During last 19 years, various developments have taken place and it will be extremely difficult to consider the matter purely from prospective of grant or non-grant of interim relief - Proper course would be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 147, 148, 149, 504, 506 -- Quashing of proceedings - Compromise - Attempt to murder - Fourteen accused persons were involved in the crime and fire arms weapons were used - Offences alleged to have been committed by accused are crime against society - Even in such case, if settlement is..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - S.24 of the Act applies to a proceeding pending on date of enforcement of 2013 Act - It does not revive stale and time barred claims and does not reopen concluded proceedings nor allow landowners to..........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Discharge - Offence u/ss 13(1)(d), 13(2) of the Act - Allegation relating to accused's disproportionate income in the period between 1974 and 1988 was levelled in an FIR filed 12 years after said period concluded - Charge sheet was filed seven years after registration..........
