27 January 2020
SUPREME COURT OF INDIA KRISHNA KUMAR BIRLA VS RAJENDRA SINGH LODHA & ORS ON 31 MARCH, 2008 Summarised Judgement (Scroll for Complete Judgement) Introduction: What is a caveatable interest within the meaning of the Indian Succession Act, 1925 (1925 Act) vis-a-vis the Rules framed by the Calcutta High Court in the year 1940 is the question involved herein. Background Facts Smt. Priyamvada Devi Birla (PDB) and her husband Madhav Prasad Birla (MPB) were admittedly very wealthy persons. They owned an...
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27 January 2020
SUPREME COURT OF INDIA MADDINENI KOTESWARA RAO VS MADDINENI BHASKARA RAO & ANR ON 5 MAY, 2009 Summarised Judgement (Scroll for Complete Judgement) Introduction: This appeal by special leave is directed against the judgment and order dated 26th of October, 2006 of the High Court of Andhra Pradesh at Hyderabad, wherein the High Court had dismissed the Civil Revision Case being CRP No. 986 of 2006 filed before it by the appellant. Facts of the Case: The relevant facts leading to the present appeal...
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27 January 2020
SUPREME COURT OF INDIA JAGJIT SINGH & ORS VS PAMELA MANMOHAN SINGH ON 10 MARCH, 2010 Summarised Judgement (Scroll for Complete Judgement) Introduction: Whether the appellants, who claim to have purchased the property described as 6-B, Jangpura, Mathura Road, New Delhi from Major K.V. Kohli (one of the two heirs of Mrs. Rasheel Kohli) are entitled to contest the application filed by the respondent - Mrs. Pamela Manmohan Singh (the other heir of Mrs. Rasheel Kohli) for grant of letter of administr...
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27 January 2020
SUPREME COURT SAMIR CHANDRA DAS VS BIBHAS CHANDRA DAS & ORS ON 7 MAY, 2010 Summarised Judgement (Scroll for Complete Judgement) Introduction: Challenge in this appeal is to the Division Bench Judgment of the Calcutta High Court wherein the appeal filed by respondent herein, namely, Bibhas Chandra Das was allowed holding that no probate could be granted in favour of the present appellant, namely, Samir Chandra Das. Facts of the Case: One Jogesh Chandra Das was the testator. He expired on 13.01.19...
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27 January 2020
SUPREME COURT OF INDIA YASH VARDHAN MALL VS TEJASH DOSHI ON 23 NOVEMBER, 2017 Summarised Judgement (Scroll for Complete Judgement) Facts of the Case: A Will was executed by Smt. Shrutika Doshi on 01.03.2013 by which she appointed her husband, the sole Respondent herein, as the executor and trustee. Her minor daughters were made the beneficiaries. It was mentioned in the Will that in case the Respondent is unable to carry out or act as the sole executor by giving effect to the Will and testament,...
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27 January 2020
ALLAHABAD HIGH COURT POP SINGH VS STATE OF U. P. ON 13 FEBRUARY, 2019 Summarised Judgement (Scroll for Complete Judgement) Introduction : The present Criminal Appeal has been preferred by the accused appellant Pop Singh against the judgement and order dated 15.2.2013/16.2.2013, passed by the Additional sessions Judge/Special Judge. E. C. Act Badaun in S.T. No. 688 of 2009 (State Vs. Pop Singh and 3 others) whereby the accused appellant has been convicted under section 302 IPC and consequently se...
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27 January 2020
UTTARAKHAND HIGH COURT MANI PUSHPAK JOSHI VS STATE OF UTTARAKHAND ON 3 APRIL, 2019 Summarised Judgement (Scroll for Complete Judgement) Facts of the Case: Briefly put, the case of the revisionist was that a FIR being FIR No. 138/2017 was registered under Section 376(2) IPC read with Section 5/6 POCSO Act was registered at Thana Haldwani, District Nainital as against one - Bablu Bisht, a teacher in the School, owned by revisionist, who is said to have been involved in commission of an offence as...
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22 January 2020
TRANSFER OF PROPERTY THROUGH TRUST A trust is an arrangement by which the property of the author of the trust or settlor is transferred to another, the trustee, for the benefit of a third person, the beneficiary. In general terms, trusts fall into one of two categories, private trusts and public trusts. The India Trusts Act, 1882 (act) governs private trusts. Public trusts are further classified into charitable and religious trusts, and the Charitable and Religious Trusts Act, 1920, (CRTA) the R...
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22 January 2020
UTTARAKHAND HIGH COURT OM PRAKASH @ ISRAEL @ RAJU @ RAJU DAS VS UNION OF INDIA AND ANOTHER ON 23 AUGUST, 2019 Summarised Judgement (Scroll for Complete Judgement) Introduction: This appeal is preferred by the 3rd defendant against the decree in O.S.No.12561 of 2010 by the Additional District Judge (FTC-I), Chennai. The suit was laid to declare that the auction-sale of a suit property by the first and second defendants under Sec.69 of the Transfer of Property Act (hereinafter the TP Act) is inval...
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22 January 2020
ALLAHABAD HIGH COURT JASPREET SINGH GAREWAL VS STATE OF U. P. AND ANOTHER ON 19 SEPTEMBER, 2019 Summarised Judgement (Scroll for Complete Judgement) Introduction: This application under Section 482 Cr.P.C. has been filed by applicant-Jaspreet Singh Garewal (a co-accused) challenging the order dated 02.12.2016 passed by Additional Sessions Judge, Court No.1, Bareilly in Sessions Trial No.123 of 2013 (State Vs. Nirmal Singh Garewal and others) under Sections 452 and 307 I.P.C. P.S. Kotwali Bareill...
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