Will -- Suspicious circumstances - No proof of valid execution of Will and attestation by two witnesses as they turned hostile - No animus attestandi i.e witness must have intended to attest the Will - No reason as to why testator exclude his own family members and granted Will in favour of stranger - Will not proved in accordance with S.63 of Succession Act and S.68 of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - A stranger to the contract making independent claim adverse to the title of vendors is neither a necessary party nor proper party to join as defendant in a suit for specific performance of contract of sale...........
Hindu law -- Coparcenary property - Gift - When property is held by coparceners jointly, no coparcener can claim that a particular piece of land or property exclusively belongs to him and so he cannot gift a specified item of property - Though a coparcener can make a gift of his undivided interest in coparcenary property to another coparcener or to stranger with prior..........
Will by coparcener -- A coparcener can execute a Will bequeathing his undivided interest in joint family properties but not any specific property in favour of another coparcener or stranger. (Hindu Succession Act, 1956, S.30)...........
Easement Act, 1882, Section 52 -- License - The `License' does not entitle the licensee to sue stranger in his own name and it can be determined when the grantor makes an assignment of the subject matter...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Circumstances are incapable of an inference that it was accused and accused alone who had committed murder - FIR lodged by accused cannot be read in evidence as it was an inculpatory report - Time of occurrence even by approximation has not been established by prosecution - No evidence on record to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - In a suit for specific performance stranger to contract cannot be allowed to be impleaded as a defendant...........
Criminal Procedure Code, 1973, Section 190, 200, 482 -- Private complaint - Impleadment of stranger - Not permissible - Held, there is no provision in CrPC to implead or intervene any stranger in a case which is instituted upon a private complaint...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Turning out the bride from matrimonial home - In a family life, there can be differences, quarrels, misgivings and apprehensions but it is the degree which raises it to the level of mental cruelty - A daughter-i, law is to be treated as a member of the family with warmth and affection and not as a stranger with despicable..........
Agreement to sell -- Suit for specific performance - Plea of taking loan - Plaintiff was stranger to the defendant and was not known to them earlier - Held, in these circumstances plaintiff will not advance loan of Rs.7 lacs to the defendants - Held, in these circumstances the version of defendants that loan was advanced by the plaintiff to the defendants cannot be..........
