Will -- Suspicious circumstance - Exclusion of natural heirs - Testator bequeathed his property under Will in favour of one of his daughter/defendant to the exclusion of other two daughters/plaintiffs - No plausible explanation given by defendants as to why plaintiffs had been excluded from reach of suit properties - Material on record shows that testator was equally..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of seven small packets of heroin - Small quantity - Search and seizure - No evidence on record that when statement of witnesses of fact were being recorded, case property in sealed condition was presented before Court for being identified by these witnesses as contraband material which was..........
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 111 -- Forged and fabricated gift deed - Burden of proof - Generally burden of proof is on the person who so alleges - However, when defendants were in dominating position and plaintiffs had faith upon them, burden in view of S.111 of Evidence Act, is upon defendants to prove that transaction of gift..........
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 111 -- Forged and fabricated gift deed - Burden of proof - Plaintiffs proved that they are illiterate ladies and defendants being their agnates were in dominating position particularly, after death of husband of plaintiff No.1 - Court below, thus rightly shifted burden of proving genuineness of gift..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that gift deed is forged and fabricated - Maintainability - Defendants were cultivating land covered by gift deed in question on behalf of plaintiffs - It is specific case of plaintiffs that no gift deed was executed and possession of suit property never given to defendants - Even order of mutation passed in..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Proof of - Mere proof of execution of gift deed is not sufficient, as execution of gift deed is not disputed - Rather, burden was on defendant to prove that plaintiff executed the gift deed in their favour by her own sweet will having understood the contents of gift deed - Defendants though stated that contents of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Partition decree - Objection by transferee pendente lite - Appellant purchased the property during pendency of suit but prior to any preliminary decree being passed therein - However, appellant took no steps to apply to be impleaded in suit - Since appellant has purchased a share of a co-sharer in a partition suit..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Disposal of contraband - Contraband materials can be destroyed or disposed of in an appropriate manner at pre-trial stage itself, as drug can be disposed of under supervision of a Magistrate and if Magistrate follows mandate of S.52-A of the Act, the certificate issued by him is per se admissible in..........
Criminal Procedure Code, 1973, Section 190, 482 -- Order taking cognizance of offence - Quashing of order - Allegation of obtaining forged sale-deeds by accused in order to grab property of complainants - As per evidence on record, allegations levelled in complaint are purely of civil nature and constitute civil dispute which has been given colour of criminal case - Even,..........
Hindu Succession Act, 1956, Section 14(2) -- Will - Husband executed a Will in favour of his wife of his self acquired property by giving her life interest - Such life interest neither enlarged nor ripened into an absolute interest in the suit house and remained a life interest i.e restricted estate till the death of wife u/s 14(2) of the Act - Case of wife falls u/s 14(2)..........
