Contention that prior to the amendment rules, the promotion to the cadre of District Judges was based on the principle of "Seniority-cum-merit" and now as per amended rules pursuant to the directions of Supreme Court, the principle has now been changed to "merit-cum-seniority" and this has seriously affected the rights of the members of the Civil Judges (Senior Division)--Contention rejected

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Mortgage--Whether a document is mortgage by conditional sale or a sale with a condition of repurchase is a vexed question--One of the ingredients for determining the true nature of transaction, therefore, is that the condition of repurchase should be embodied in the document which effects or purports to effect the sale--Indisputably, the said condition is satisfied-- Transfer of Property Act, 1882, Mortgage--In a case where deed of mortgage is executed with a condition of repurchase, the amount of consideration remains the same.

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Eviction--Dispute as to amount of rent--Case remanded back--Tenant directed to pay rent as claimed by landlord during pendency of suit.

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Interest Law--Interest-- Starting Point--Question arises as to from which date interest would be paid--Starting point is on completion of one month from the date on which claim fell due--It cannot be the date of accident--It has to be taken to be the date of adjudication of the claim-- Workman's Compensation Act, 1923, Sections 3, 4A(3)(a).

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Succession Law--Will-- Probate of--A probate when granted binds the whole world--It is a judgment in rem--The Executor, therefore, has to administer the estate of the testator in terms of the Will and not on the basis of the settlement arrived at by and between the parties which would be inconsistent with the terms of the Will--In case of any conflict between the terms of the Will and the settlement, the former will prevail

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Undue Influence—Merely because the parties are related to each other or merely because the executant was old or of weak character, no presumption of undue influence can arise Redemption of Mortgage—High Court has passed a decree for redemption of mortgage simpliciter without following the provisions of CPC—Impugned order set aside-- Muslim Law—Oral Gift—Conditions for making valid oral gift under the Mohammedan law are:- (i) there should be wish or intention on the part of the donor to gift; (ii) acceptance by the donee; and (iii) taking possession of the subject matter of the gift by the donee.

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Right to Dignity—Death Row Prisoner is entitled to have interview with his family and friends; to have discussions with his lawyer and meeting mental health professionals.

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Second Complaint—There is no provision in the Criminal Procedure Code or any other statute which debars a complainant from making a second complaint on the same allegations, when the first complaint did not lead to conviction, acquittal or discharge Second Complaint—The failure to mention the first complaint in the subsequent one is inconsequential—Mentioning of reasons for withdrawal of an earlier complaint is also not a condition precedent for maintaining a second complaint.

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Contempt—Willful Disobedience—Contempt jurisdiction cannot be invoked on the basis of impressions, in absence of specific directions or orders.

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Framing of Charge—Complainant sustained injuries on the nose and fracture of the nasal bone was found—Held; that the case may fall within the grievous hurt, hut it cannot be said that even, prima facie, a case is made out for the offence under Section 307 of the IPC

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