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Guntur

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Will-Propounder taking prominent part, in execution of and receiving benefit under-Principles regarding scrutiny of evidence of execution and sound disposing state of mind of testator. HEADNOTE: One V lost his father when he was only 10 years old and. thereafter lived along with his mother, in the- house of the first defendant who was his maternal uncle. The first defendant had considerable influence over V as he was slow witted and below the average level of intelligence and, understanding. V died when he was 24 years old. A few. days before his death he executed a will by which he bequeathed his entire property to the first defendant absolutely with a direction that his mother should be maintained, and that, even if his mother lived separately from the first defendant, she was to have only a life interest in certain items which were also to be taken absolutely by the first defendant after her death. At the time of the execution of the -will V was physically in a weak condition. The first defendant took a prominent part in summoning the attesting witnesses and the scribe and in Procuring, writing materials for the execution of the will. Evidence was given on behalf the first defendant that though V was delirious on the day previous to the execution of the will and also subsequent to that date, V was in a normal condition on the date of the execution of the will. On the question of the validity of the will, HELD : The will was not executed in a sound disposing state of mind and was therefore not legally valid. [480,A-B] In a case in which a will is prepared under circumstance which raise the suspicion of the court that it does not express the mind of the testator it is for those who -propound the will to remove that suspicion. What are suspicious circumstances must be judged on the facts and circumstances of each particular case. If, however, the Propounder takes a prominent part in the execution of the will which confers substantial benefits on him that itself is a suspicious circumstance attending the execution of the will and in appreciating the evidence in -such a case the court should proceed in a vigilant and cautious, manner. [477 R; 478 A-B] Barry v. Butlin, (1838) 2 Moo. P.C. 480, 482, Fulton v. Andrew, (1875) L.R. 7 H.L. 448, Tyrrell v. Painton, (1894) P. 151, 157, 159 and Sarat Kumari Bibi v. Sakhi Chand & Ors., 56 I.A. 62, applied.

published in http://judis.nic.in/supremecourt/imgst.aspx?filename=2120 PETITIONER: GORANTLA THATAIAH Vs. RESPONDENT: THOTAKURA VENKATA SUBBAIAH & ORS. DATE OF JUDGMENT: 19/03/1968 BENCH: RAMASWAMI, V. BENCH: RAMASWAMI, V. SHAH, J.C. MITTER, G.K. CITATION: 1968 AIR 1332 1968 SCR (3) 473 ACT: Will-Propounder taking prominent part, in execution of and receiving benefit under-Principles regarding scrutiny of evidence of execution and sound … Continue reading

service matter = Unless the suspension period is regularized treating the same as on duty by the disciplinary authority, the question of payment of difference of pay does not arise.

THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.17159 OF 2011 Dated:22.06.2011 Between: Challa Srinivas Rao                                          ..  Petitioner And The Chairman and Managing Director, Andhra Bank, Head or Central Office, Saifabad, Hyderabad and others                      ..  Respondents                                           THE HON’BLE … Continue reading

MUSLIM – BIGAMY – In the light of the language of Section 494 IPC and also Section 198 of the Code and in the light of the Personal Law governing the parties, this Court is well satisfied that the prosecution so far as the offence under Section 494 IPC is concerned, is unsustainable and the same is liable to be quashed

THE HON’BLE SRI JUSTICE P.S. NARAYANA Criminal Petition No.1216 of 2001 and Criminal Revision Case No.201 of 2001 16-03-2006 Shaik Pakeer Ahammad The State of A.P. and another Counsel for petitioner : Sri Koneti Raja Reddy Counsel for respondents : Public Prosecutor :COMMON ORDER: 1. Crl.P.No.1216/2001 is filed under Section 482 of the Code of … Continue reading

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