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.

Quashing--Civil Liability--Buyer Company refused to accept goods being defective--FIR u/s 420 IPC lodged--No misrepresentation made at time of contract--No case of criminal liability--FIR quashed.

Quashment--Offence by a company--Protection of Directors/Chairman--Specific averments/assertions in the complaint against first respondent who is Joint Managing Director of the Company-- Prosecution upheld.

Acid burns--Reduction in sentence--Victim suffered severe burn injuries on head, face and chest--High Court reduced the sentence to already undergone--Order of High Court aside--Sentence could not be reduced in such  a heinous crime.

Contraband--Recovery was effected on basis of information received by  Police Officer in course of investigation of other offence--Provisions of Section 42 of N.D.P.S. Act will not apply

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.

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

Quashing—Final Report—High Court not to quash the FIR without commenting on merits of final report on record

Wakf-Jurisdiction of Wakf Tribunal-Bar of Jurisdiction of Civil Court-­Right, title and interest of a non-Muslim to the Wakf property is to be adjudicated by Wakf Tribunal where dispute pleaded is that suit property is not Wakf property.

Election Petition—Objection that copy of election petition served is not the "True Copy"—Actual copy served to be examined—Election petition cannot be dismissed at the threshold on this objection.

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

Muslim Law—Succession—Marriage of a Muslim man with a Hindu Woman is merely an irregular marriage—Child born out of such wedlock is legitimate and entitled to claim a share in his father's property.

Writ of Habeas Corpus—Police Custody—Writ of habeas corpus could not be maintained in respect of a person who is in police custody pursuant to a remand order passed by the jurisdictional Magistrate.

Arbitrator—Appointment of Independent Arbitrator—Mere neglect of an arbitrator to act or delay in passing the award by itself cannot be the ground to appoint another arbitrator

Accident—During course of employment—Deceased a bus driver-­Accident took place when the deceased was coming down from the roof of the bus after having his meals—Death held to be arise out of and was in course of employment.

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.