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.