Monday, 11 March 2019
Will--Suspicious circumstances--Testator disinherited her four daughter and executed Will in favour of distant relative--It is suspicious circumstances in instant case--Registration of Will and contention that testatrix was not looked after by natural heirs not of much significance. Will was a registered one, but the same by itself would not mean that the statutory requirement of providing the Will need not be complied with. Will must be proved in terms of Section 68 of Evidence Act and Section 63(c) of Succession Act--For proving the Will, provisions of Section 90 of Evidence Act are not applicable.
Bail--Trial of cases already been stayed as one of appellants had challenged the very registrations of the case by CBI--Trial is likely to be delayed appellants have to be in jail for a long period--Final report already been filed--Accused need not be detained in jail further--Accused released on bail.
Tuesday, 5 March 2019
Equal pay for equal work--Application of the principle of equal pay for equal work cannot be claimed merely because there was delegation of certain power--Claim of the Respondent for a higher pay scale is on the ground that he was discharging the duties of a higher post, without, giving any factual details--Claim untenable
Sunday, 3 March 2019
Additional Evidence—Criminal Appeal—Filing application for additional evidence at appellate stage cannot always be termed as delaying tactics. Additional Evidence—Criminal Appeal—Due to lapse on the part of appellant and his counsel the document which was a photocopy and was centre point of dispute/allegation could not be proved and accused was convicted—In appeal application for placing on record certified copy of said document ought to be allowed by High Court
Civil Procedure Code, 1908, S.96-Appeal--Withdrawal of Appeal- Dismissal of appeal "as not pressed"--If the appellant is a juristic entity created under the Act, Appellant Court have to ensure strict compliance of the relevant provisions of the Act under which they have are created coupled with ensuring compliance of relevant provisions of the Code of Civil Procedure for forgoing their right to prosecute the appeal on merits
Constitution of India, 1950, Art. 19 (2)--Ban on Book HELD the creativity and the author's perception of the uni verse are to be borne in mind. What is true to poetry is applicable to novels or any creative writing. It has to be kept uppermost in mind that the imagination of a writer has to enjoy freedom. It cannot be asked to succumb to specifics. That will tantamount to imposition. A writer should have free play with words, like a painter has it with colours. The passion of imagination cannot be directed.
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