Succession Act, 1925, Section 278 -- Letters of administration - Grant of - Will executed in favour of three sons by testatrix to the exclusion of appellant/other son - Prima facie due execution of Will proved on record - Will bears signatures of two attesting witnesses - Testatrix was in sound disposing mind at the time of execution of Will - Signatures of testatrix in..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - Specific averments on record that tenants were evicted from premises but were re-inducted and permitted to stay for a short while in suit premises for marriage of their daughter - However, tenants refused to vacate premises thereafter and no rent has been paid - Said specific averments not denied by..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 148, 452, 325 -- Suspension of sentence during pendency of appeal - Accused convicted and sentenced for R.I. for 1 year and to pay fine of Rs.1000/- and in default of payment to further undergo R.I. for 1 month - Retirement of accused is due on 31.03.2017 - Accused is only bread earner in family..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Some contradictions regarding time and manner of receiving information of death of deceased is of no consequence, particularly where accused not informed or instructed anyone to inform to the parents of deceased regarding incident...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Deceased died due to burn injuries - Incident occurred in the house of accused and deceased - Accused was with his wife/deceased at the relevant time - Since deceased died of an unnatural death in the room occupied by her and accused, it was the obligation of accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 21 kg ganja - False implication - Accused in his statement recorded u/s 313 Cr.P.C. stated that he was falsely detained in dacoity case earlier and later on he was tagged in present NDPS case - PW7 admitted that accused was earlier detained for theft case - PW5 also admitted that he..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Can also arise at a subsequent point of time and a second petition is maintainable...........
Orissa Industrial Infrastructure Development Corporation Act, 1980, Section 31 -- Resumption of land - Validity of - High Court passing order to lease out balance land - Despite receiving of advanced possession of portion of land upon payment of certain amount, MESCO failed to execute draft lease deed - More than 5 years time given to MESCO to perform its part - Deliberate..........
Orissa Industrial Infrastructure Development Corporation Act, 1980, Section 37, Indian Contract Act, 1872, Section 70 -- Resumption of land - Claim for compensation - Despite receiving of advanced possession of portion of land upon payment of certain amount, MESCO failed to execute draft lease deed - More than 5 years time given to MESCO to perform its part - IDCO entitled..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Long time consumed by plaintiff in producing his evidence - Not a ground for dismissal of application for condonation of delay and restoration of suit...........
