Court : Delhi
Decided on : Dec-09-2019
..... r-1 / state. coram: hon'ble mr. justice v. kameswar rao judgment v. kameswar rao, j1 this is a petition filed by the petitioner under section 276 of india succession act, with the following prayers:-" it is therefore, most respectfully prayed that this hon'ble court may most graciously be pleased to: a) grant in favour of the... petitioner, letters of ..... execute the will and handed over the original will to the petitioner.10. it is the case of the petitioner that as the named executor has shown her inability to act, the petitioner being the beneficiary of the will has presented the present petition for grant of letters of administration with the will annexed thereto.11. in the present petition, notice .....
Tag this Judgment!Court : Delhi
Decided on : Dec-06-2019
..... to filing of the said petition are that prabhu shanti real estate pvt. ltd. (hereinafter referred to as "company"), a private limited company incorporated under the companies act, 1956 in the year 2014, acted as a guarantor to a loan facility obtained by one of the sister concern society of the company i.e. prabhu dayal memorial religious educational association. the said .....
Tag this Judgment!Court : Delhi
Decided on : Dec-04-2019
..... price of rs.85,35,673/-, there again is no averment showing how the said information given in the affidavit falls foul of section 123 of the act.19. in lalit kishore chaturvedi vs. jagdish prasad thada and others, (1990) supp scc248 the supreme court emphasised on the election petition containing concise statement ..... grounds and irresponsible evidence, thereby introducing a serious element of uncertainty in the verdict already rendered by the electorate. an election is a politically sacred public act, not of one person or of one official, but of the collective will of the whole constituency. courts naturally must respect this public expression secretly written ..... income of the candidates and their associates would constitute a corrupt practice falling under heading undue influence as defined under section 123(2) of the 1951 rp act. we, therefore, allow prayer 2.7. the respondent has filed the present application seeking summary dismissal of the above election petition of the petitioner. in .....
Tag this Judgment!Court : Delhi
Decided on : Dec-03-2019
..... of a bail application filed u/s. 439 crpc by the petitioner pawan bhati in fir no.151/2019, u/s. 363/366/376/5ipc and section 6 of pocso act, p.s. palam village, delhi.2. ld. counsel for the petitioner has prayed for bail on the ground that petitioner is innocent and falsely implicated. he is well educated person .....
Tag this Judgment!Court : Delhi
Decided on : Dec-03-2019
..... petitioner. 13. notice has been issued in the said petition on 2nd june, 2018. the... petitioner, thereafter, filed a petition under section 192 of the indian succession act, 1925, seeking the following reliefs: in the circumstances, it is most respectfully prayed that this hon ble court may be pleased to: a. pass an order thereby allowing ..... , except in accordance with law. he further submits that the genuineness of a will cannot be gone into in a petition under section 192 of the indian succession act, 1925, which is settled in the judgment of uma devi nambiar (supra) itself. thus, given the fact that the probate petition was pending and the... respondents ..... . singh (oral) 1. the present petition challenges the impugned order dated 13th august, 2018, by which the... petitioner s application under section 195 of the indian succession act, 1925, for appointment of a curator, was rejected by the ld. trial court.2. the background of the present proceedings is that one ms. piroja edalji and mr .....
Tag this Judgment!Court : Delhi
Decided on : Dec-02-2019
..... strengthened when we keep in mind the letter and spirit behind the protection of children from sexual offences act, 2012. 17. the prosecution has proved that the child victim was less than 13 years of age and in view of the settled position of law, the consent of ..... manner stated above, we have to treat it as a case where the appellant has committed rape of a minor girl which is regarded as a heinous crime. such an act of sexual assault has to be abhorred. if the consent of minor is treated as a mitigating circumstance, it may lead to disastrous consequences. this view of ours gets ..... is concerning a girl child who is not only minor but less than 16 years of age. a minor girl can be easily lured into giving consent for such an act without understanding the implications thereof. such a consent, therefore, is treated as not an informed consent given after understanding the pros and cons as well as consequences of the .....
Tag this Judgment!Court : Delhi
Decided on : Nov-29-2019
..... to when the executive is convinced on the materials available and placed before it that such detention is necessary in order to prevent the person detained from acting in a matter prejudicial to certain objects which are specified by the law. the action of the executive in detaining a person being only precautionary, the matter ..... same day as the detenue and foreign origin cigarettes in commercial quantity were recovered from them. he stated that in their voluntary statements under section 108 customs act, the aforementioned four persons had stated that the detenue was the owner of the goods recovered from them and they had been carrying the said goods on ..... of certiorari to quash detention order dated 11th march, 2019 passed against the detenue under section 3(1) of conservation of foreign exchange and prevention of smuggling activities act, 1974 (hereinafter referred to as cofeposa) by respondent no.2 as well as order dated 07th june, 2019 passed under section 8(f) of cofeposa whereby .....
Tag this Judgment!Court : Delhi
Decided on : Nov-27-2019
..... sole testimony of the prosecutrix if it inspires confidence and if it is found reliable. she further submitted that there is presumption under sections 29 and 30 of pocso act against the respondent-accused and it is for the respondent-accused to prove to the contrary. case of prosecutrix/prosecution6 this court finds that the case of the ..... she pleaded not guilty and claimed trial. accused satish kumar was charged for offence punishable u/s 120-b ipc and 328.346.363/376 ipc and 4 pocso act, to which he also pleaded not guilty and claimed trial. the trial court by way of its impugned judgment acquitted the sister in-law-respondent no.1 and ..... re- medically examined and exhibits were seized. after discussing the case with senior police officers, offences punishable u/s 323/328/346/376/109/120b ipc, 4 pocso act and 3/itp act have been added. further investigation has been carried out by inspector/sho. on 08.12.2013, accused smt. soniya was arrested from her maternal home. accused satish .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-26-2019
..... to procrastination or dilatory tactics, but seeks the remedy within a time fixed by the legislature. but in certain special circumstances like section 27 of the limitation act, once the remedy becomes barred by limitation, the right itself gets extinguished, that is, when a suit for possession of any property gets extinguished on the ..... been agitated unexplainably and have from lapse of time become stale.-.: -"according to halsbury's laws of england, vol. 28, p.266:605. policy of limitation acts. the courts have expressed at least three differing reasons supporting the existence of statutes of limitations namely, (1) that long dormant claims have more of cruelty than ..... points for its consideration: whether this suit is within time?. (1) (2) whether plaintiff has made out grounds mentioned under section 34 of the arbitration and conciliation act, 1996 to set aside the award passed by the sole arbitrator viz., defendant no.2 / respondent no.2?. --"(3) what order?.8. the trial court answered .....
Tag this Judgment!Court : Delhi
Decided on : Nov-19-2019
..... tirade against the petitioner husband in the print and the electronic media making him subject to public gossip, rumours and ridicule.52. without further ado, the acts and conduct attributed to the respondent wife, on her own or at the instigation or coaxing of her father (rw1) considered cumulatively during the entire history ..... appellant/wife further submits that the supreme court has held that allegations made in respect of extra-marital relationship would in fact not amount to an act of cruelty. while relying upon para 20 of the aforementioned judgment, learned counsel submits that merely because the parties have been residing separately since the year ..... counsel for the respondent that since the appellant had made allegation against the respondent of his having extramarital relation and hence such allegation would also constitute an act of cruelty on the part of the appellant entitling the respondent to claim decree for dissolution of marriage. similarly, we are also not impressed by .....
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