Will -- Proof of - Testator admittedly committed suicide within hours of alleged execution of Will, which would show the extent of mental impairment and imbalance at the time when the alleged Will was executed - Will discarded on that ground...........
Civil Procedure Code, 1908, Order 6, Rule 17.O -- Amendment of written statement and further to raise counter claim - Application filed after six years of filing of written statement when evidence of plaintiff was almost over - Defendants were very much aware of such facts at the time of filing written statement - Proposed amendment not necessary for determining real..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - One `R' was witness to the report of refusal of process server - `R' submitted his affidavit that he never signed on the report - Wife by her statement and other evidence proved that at the time of service of notice she was not living at the given address and no sufficient evidence in..........
Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4, 8 -- Execution - Provisions of O.22.Rr.3,4 & 8 CPC do not apply to execution proceedings - If after filing of execution petition in time, either D.H. or J.D. dies and his legal representatives are not brought on record then there is no abatement of execution petition and execution petition remains pending - If no time..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 22(b), 29 -- Default bail - Extension of time - Application for extension of time not in terms of mandate of proviso to S.36-A(4) of the Act as such same cannot be allowed - Default bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time - S.36-A(4) proviso of the Act categorically states that Public Prosecutor, while making an application for extension of time, shall indicate two aspects on applying his mind, viz.: (a) progress of investigation and (b) specific reason for detention of accused beyond the said period..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time - Mere request of I.O. by Public Prosecutor without demonstration of his mind and record of his own satisfaction would not render his report as the one envisaged u/s 36-A(4) of the Act...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of gamchha - Accused was not in custody at the time of recovery of gamchha - Recovery cannot be said to be in consonance with S.27 of Evidence Act and thus, not proved - Since recovery of gamchha is not proved, availability of blood stains on it fades into..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of single eye witness - Not of sterling quality - Recovery of sunglasses recovered from scene of crime is doubtful as same was not identified by PWs - Recovery of gamchha as allegedly wore by accused at the time of incident not proved - Place of arrest is highly doubtful - Prosecution could not establish its case..........
Will -- Suspicious circumstance - Will in favour of mother to the exclusion of wife - Neither testator recorded factum of his marriage with plaintiff in Will, nor even her name was mentioned therein - Even, no provision of maintenance was made, particularly when as per statements of DW1 and DW3 that relationship between testator and plaintiff remained amicable throughout..........