Will -- Suspicious circumstance - Exclusion of unmarried daughter in bequest - Testator specifically got recorded in Will that it is responsibility of both the sons/beneficiaries to marry off his daughter - Undisputedly, both the sons fulfilled wish of testator and married off their sister - Moreover, testament was doubted by daughter for first time after period of 20..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - There is no embargo for holder of cheque to fill up its body in case blank cheque is handed over to him by a person to discharge his liability with instructions to fill it at appropriate time...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 148, 341, 216, 149, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 302, 307, 148, 341, 216, 149 IPC and S.25 Arms Act - No recovery effected from petitioner - Even, there is no eye witness account - All material witnesses have been examined - Trial may take time to conclude -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Recovery of 2 kg 900 gms opium - Reduction of sentence - Recovery effected was just above the commercial quantity - Accused is first time offender - Sentence of 12 years as imposed by trial Court upon accused is thus, reduced to 11 years...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Dismissal of application - During course of leading evidence, petitioner examined himself as one of his witnesses and was also cross examined - Such cross examination revealed certain lacunas in petitioner`s case particularly with regard to vagueness in case set up by petitioner regarding identification..........
Civil Procedure Code, 1908, Order 7, Rule 11(2) -- Revision petition - Rejection of plaint - Non-payment of sufficient court fee - Trial Court failed to advert to nature of the land being agricultural land and at the same time, Court has also not adverted to fact that by way of filing second application by the plaintiff himself whether he has acquainted factum of order..........
Agreement to sell -- Specific performance - Defendant executed power of attorney in favour of one person who is related to plaintiff - Power of attorney holder in collusion with plaintiff prepared a fictitious agreement which did not bear signature of defendant - Plaintiffs miserably failed to prove how time was not essence of agreement - Defendants not entitled to sell..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Offence u/s 15 NDPS Act - Petitioner was not present at place of occurrence and was not arrested - Petitioner is on bail in two cases except the present one as it would be a symbolic release as petitioner is undergoing sentence in other case and he would..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Indian Penal Code, 1860, Section 468, 471 -- Bail - Recovery of 10,600 bottles of Phensydyl syrup - No recovery effected from petitioner - Bar of S.37 of NDPS Act prima facie therefore, will not apply - Moreover, petitioner is an authorized licensee and is..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Relief of mandatory injunction can be sought only when there is breach of an obligation - Breach of an obligation is personal and not inheritable - It is in existence during life time of licensor who unfortunately died - It is extinguished like tenancy law, license is not inheritable...........
