22 April 2024

Search Results for Tag : Will

International Cases

For a document to constitute a Will, it is necessary that there be cogent evidence that the document embodied the deceased's testamentary intentions(23.01.2020)

The plaintiff, Daniel John Crisp, asks the Court to declare that, the document dated 21 May 2009 signed by the deceased constitutes the last will of t.....

Tags : Intention, Last will, Validity

Contract be constituted by an offer and acceptance when putative offer reveal an intention to give rise, upon acceptance, to an obligation(11.05.2017)

Robert Ian Edwin Partridge died on 6 October 2008. By his will made on 29 December 1995, he appointed Appellant, Mrs. Lola Levingston, as his executri.....

Tags : Will, Agreement, Existence

Parties to a probate action cannot simply consent to a solemn form grant in respect of a will without offering of sufficient evidence for Court’s satisfaction(15.10.2019)

In the present probate action, the last will and testament of the late Anka Cvitan (the deceased), who died on 1 September 2013 is sought to be proved.....

Tags : Will, Probate, Grant

Blast from the Past

Not requiring wilful defaulters to snitch on themselves(25.01.1995)

Wilful default - alleging the debtor to have failed paying his or her debts despite the presence of funds - a last resort it may be for the lender, re.....

Tags : Willful default, burden of proof, means

Judgments

Making of construction by spending of moneys would not make Appellant anything more than a licensee(01.05.2017)

Present Regular Second Appeal under Section 100 of Code of Civil Procedure, 1908 (CPC) is filed by Defendant in suit impugning concurrent judgments of.....

Tags : Property, Possession, Will

Plaintiff should plead and prove his readiness and willingness as a condition precedent for obtaining relief of grant of specific performance(13.09.2018)

The Plaintiff filed a suit for specific performance of contract. The trial Court concluded that, no agreement to sell had been executed between the pa.....

Tags : Agreement, Performance, Willingness

Writ court cannot sit as an appellate authority over decision taken by competent authority(17.12.2018)

The present writ petition has been preferred primarily praying for issuance of a writ of or in the nature of Mandamus directing the Respondents to for.....

Tags : Willful defaulter, Declaration, Validity

Mere writing a document by hand without execution and without compliance of the prescribed legal standards does not render it final, as a Will(08.08.2022)

By virtue of instant appeal, Appellant impugns the preliminary decree of partition and the final decree of partition passed by Learned Single Judge. L.....

Tags : Will, Execution, Proof

'Will' is required to be proved by at least one of the two attesting witnesses(04.08.2023)

The present petition under Section 276 of the Indian Succession Act, 1925 seeks a grant of probate of 'will' dated 09.05.2017 of late Sh. Hans Raj Pat.....

Tags : Will, Probate, Grant

Will can be suspected only if substantial changes introduced to it by the cuttings and overwriting present on it(17.11.2023)

The present petition has been filed under Section 276 of the Indian Succession Act, 1925 seeking grant of probate of the Will dated 27th September, 20.....

Tags : Will, Execution, Grant

Kingfisher Airlines to be represented by legal counsel before GRC(17.12.2015)

A borrower appearing before a Grievance Redressal Committee has the right to be represented by an advocate, the Delhi High Court has held. Proceedings.....

Tags : Kingfisher, willful defaulter, grc, advocate

To testify execution of Will, it is not enough to examine a random witness who asserts that he saw attesting witness affix his signature on Will(20.11.2023)

The present appeal is filed to determine the validity of a Will. The appellant claims to have been adopted by late Venkubayamma under registered Will .....

Tags : Adoption, Will, Property

Secondary evidence can be permitted to be produced where party establishes factual foundation(13.05.2020)

Present appeal is directed against the judgment passed by the High Court whereby the High Court confirmed the order passed by the Civil Judge in appli.....

Tags : Will, Secondary evidence, Entitlement

News

Delhi HC: Prior Use in One Jurisdiction Would Not Entitle User to Exclusive Rights in Other Dominion(23.04.2020)

Delhi High Court has denied interim injunction in an Application wherein the Plaintiff, while not having business operations in India could also not p.....

Tags : Delhi High Court, Goodwill in One Jurisdiction

Delhi HC: 'Mutual Will' Comes Into Effect on Death of Either of Joint Testators(29.04.2020)

Delhi High Court has held that the rights in favour of the ultimate beneficiary under the mutual will accrue on the demise of either of the executants.....

Tags : Delhi High Court, Mutual Will

Bombay HC Ratifies Film Star Parveen Babi’s Will 11 Years After Her Death(21.10.2016)

Bombay High Court has ratified will of film star Parveen Babi, almost 12 years after her death, paving way for most of her assets to be diverted towar.....

Tags : Bombay High Court, Parveen Babi, Will

Allahabad HC: Elected Representative Not Enjoying Will of the People Can't be in Power(14.09.2020)

Allahabad High Court has observed that in a democratic setup, where the right to govern depends on the will of the people, the person who has lost the.....

Tags : Allahabad High Court, Will of People

Kerala HC: Court Can Strike Off Defence for Willful Non-Compliance of Order for Interim Maintenance(21.06.2022)

Kerala High Court has held that Court can strike off the defence of the defaulter if they willfully refuse to comply with its order directing payment .....

Tags : Kerala High Court, Willful Non-Compliance, Interim Maintenance

ITAT, Ahmedabad: Transaction Not Colorable Because Assessee Claimed Depreciation on Goodwill(19.11.2020)

Income Tax Appellate Tribunal (ITAT), Ahmedabad has held that the transaction cannot be regarded as a colorable device merely on the basis that assess.....

Tags : Income Tax Appellate Tribunal, Depreciation on Goodwill

Delhi HC: A Will will Be a Will Only When it will Lay to Rest Wishes of Who is at Rest(13.10.2022)

Delhi High Court has held that it is the foremost duty of the Court to carefully give a purposeful meaning to the words and logical interpretation to .....

Tags : Delhi High Court, Will, Testator

Delhi HC: Nomination Doesn’t Amount To Will In Law(26.04.2017)

Delhi High Court has reiterated that nomination is not a Will in law and in absence of any Will, only legal heirs (as per the Hindu Succession Act) sh.....

Tags : Delhi High Court, Nomination, Will

Willful Defaulter under RBI Act can’t be represented through Advocate/CA: Madhya Pradesh HC(02.04.2019)

Madhya Pradesh High Court has held that a ‘willful defaulter’ under Reserve Bank of India (RBI) Act cannot be represented through the lawyers or Chart.....

Tags : Madhya Pradesh High Court, Willful Defaulter, RBI Act

SC Simplifies 2018 Guidelines on Living Will/Advance Directive(06.02.2023)

Supreme Court while considering an application by the Indian Council for Critical Care Medicine, has modified directions relating to advance medical d.....

Tags : Supreme Court, Living Will/Advance Directive, Right to Die

Sale of Client Relationship and Goodwill by CA Firm Constitute Capital Gain: ITAT(10.04.2019)

Income Tax Appellate Tribunal (ITAT), Delhi bench has held that sale of client relationship and goodwill by firm is capital asset under section 2(14),.....

Tags : ITAT, CA Firm, Sale of Client Relationship and Goodwill

SC: Genuineness of Will Cannot be Doubted Merely Because it was Executed in Favour of Neighbour(03.06.2019)

Supreme Court has observed while rejecting the plea of the widow of the deceased testator that merely because the testator executed the Will in favour.....

Tags : Supreme Court, Will

SC: Can’t Presume Will to be Genuine Merely Because It’s More Than 30 Years Old(16.03.2023)

Supreme Court while observing that wills can’t be proved only on basis of their age, has held that presumption under Section 90 as to the regularity o.....

Tags : Supreme Court, Wills, Evidence Act, Presumption

Government Servant is Not Eligible to Make Will of Family Pension: Chhattisgarh HC(29.04.2019)

Chhattisgarh High Court has held that a government servant is not eligible to make a will of family pension but also said that will of provident fund,.....

Tags : Chhattisgarh High Court, Will of Family Pension

SC: Title in Immovable Property Can’t be Conferred Through Will or General Power of Attorney(07.06.2023)

Supreme Court has held that in connection with Will (before death of executant) or General Power of Attorney, the practice of recognizing these docume.....

Tags : Supreme Court, Immovable Property, Title, Will, General Power of Attorney

Supreme Court to Hear Aadhaar Pleas After Concluding Delhi-Centre Matter(29.11.2017)

Supreme Court to Hear Aadhaar Pleas After Concluding Delhi-Centre Matter

Tags : The Centre, meanwhile, informed the bench headed by Chief Justice Dipak Misra that it was willing to extend up to March 31 next year the deadline fixed for mandatory linking of Aadhaar with various schemes.

7th Pay Commission: Pay Hike for 3610+ Judges of SC & HCs Approved(29.11.2017)

7th Pay Commission: Pay Hike for 3610+ Judges of SC & HCs Approved

Tags : The decision will directly impact the computation of salaries, gratuity, allowance structure, and pension of the in-service as well as retired judges of Supreme Court as well as High Courts across the country.

Supreme Court to Hear Fresh Plea to Stall Release of Padmavati Outside India(29.11.2017)

Supreme Court to Hear Fresh Plea to Stall Release of Padmavati Outside India

Tags : Sharma alleged that grave damage will be done to social harmony if the movie is allowed to be released outside India.

Trial of Sohrabuddin Sheikh Fake Encounter Case to Start From Next Week(29.11.2017)

Trial of Sohrabuddin Sheikh Fake Encounter Case to Start From Next Week

Tags : "The court has issued summons to Sohrabuddin's brother Nayamuddin and some others, and the recording of evidence will start from November 29," said special CBI prosecutor B P Raju.

Gujarat HC: No Need to Examine Scribe to Prove Execution of a Will(20.08.2021)

Gujarat High Court has held that in view of the provisions of Section 68 of the Indian Evidence Act, 1872, there is no need to examine the scribe of a.....

Tags : Gujarat High Court, Execution of a Will

All. HC: Burden on Disciplinary Authority to Prove Employee's Willful Absence from Service(18.07.2023)

Allahabad High Court while observing that absence from duty without prior permission may amount to unauthorized absence, but it doesn’t always mean wi.....

Tags : Allahabad High Court, Willful Absence, Service, Burden

SC: Person Who Takes Benefit of a Portion of Will Cannot Challenge Remaining Portion(06.04.2020)

Supreme Court has observed that a person who takes benefit of a portion of the Will cannot challenge the remaining portion of the Will.

Tags : Supreme Court, Benefit of Portion of Will

SC: Plaintiff Must Prove Sale/Advertisement Expenses to Establish Goodwill in Passing Off Suit(18.09.2023)

Supreme Court has held that in a suit for passing off, plaintiff must prove the figures of sales and expenditure incurred on the advertising and promo.....

Tags : Supreme Court, Passing Off, Goodwill

Supreme Court: Witnesses to Sale Deed/Will Need not Essentially Know its Contents(30.09.2019)

Supreme Court has observed that the witnesses to documents such as Sale Deeds and Wills need not essentially know what is contained in them.

Tags : Supreme Court, Will

AP HC Directs Government Not to Coerce Unwilling Aided Schools to Accept Merger Offer(05.10.2021)

Andhra Pradesh High Court has directed the government not to coerce unwilling aided schools to accept its merger offer and that necessary instructions.....

Tags : Andhra Pradesh High Court, Unwilling Aided Schools

CESTAT, Ahmedabad: Base Oil SN50 Cannot be Classified as High Speed Diesel(05.10.2021)

Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Ahmedabad, while setting aside the redemption fine and penalties imposed on Rajkamal Ind.....

Tags : AP HC Directs Government Not to Coerce Unwilling Aided Schools to Accept Merger Offer

ITAT Mumbai Allows Depreciation on Goodwill Resulting from Acquisition of Business Unit(28.01.2020)

Income Tax Appellate Tribunal (ITAT) Mumbai has allowed depreciation on goodwill resulting from the acquisition of Business Unit of Lee & Muirhead Pvt.....

Tags : Income Tax Appellate Tribunal, Depreciation on Goodwill

SC: Can’t Presume Validity of Will Merely Because it is Registered(09.10.2023)

Supreme Court has held that mere registration of the Will would not be sufficient to prove its validity, as its lawful execution necessarily had to be.....

Tags : Supreme Court, Will, Registered, Lawful Execution

SC: Can’t Prove Will by Random Witness Saying he Saw Attesting Witness Sign it(22.11.2023)

Supreme Court has held that for Section 69 of Evidence Act, in order to prove the genuineness of a will, it is not enough to merely examine a random w.....

Tags : Supreme Court, Random Witness, Attesting, Will

Chhattisgarh HC: High Court Cannot Decide on When Hindu Can Execute Will(24.08.2021)

Chhattisgarh High Court has observed that a High Court, while exercising its Public Interest Litigation jurisdiction, cannot decide the question as to.....

Tags : Chhattisgarh High Court, When Hindu Can Execute Will

MP HC: Revenue Authority Does Not Have Power to Determine Validity of Will(25.08.2021)

Madhya Pradesh High Court has held that that a revenue authority does not have the power to determine the validity of a will while considering an appl.....

Tags : Madhya Pradesh High Court, Validity of Will

Del. HC: Will can be Suspected if There is Unsigned Cuttings and Overwriting(20.11.2023)

Delhi High Court has held that only if it is found that there are substantial changes sought to be introduced to a Will by the cuttings and overwritin.....

Tags : Delhi High Court, Will, Overwriting

SC: Mechanical Compliance of Stipulations U/Sec 63 Succession Act Does Not Prove Execution of Will(29.11.2021)

Supreme Court has observed that mechanical compliance of stipulations under Section 63 of the Indian Succession Act, 1925, does not prove the executio.....

Tags : Supreme Court, Execution of Will

Del. HC: Willful Disobedience Doesn’t Encompass Involuntarily or Negligent Actions(19.12.2023)

Delhi High Court while observing that willful disobedience in case of Contempt of Court does not encompass involuntarily or negligent actions, has hel.....

Tags : Delhi High Court, Willful Disobedience, Contempt of Court

Del. HC: Goodwill/Reputation Acquired After ‘Terminus Ad Quem’ is of No Consequence(02.01.2024)

Delhi High Court has observed that terminus ad quem, by which date the plaintiff has to prove the acquisition of the requisite goodwill for a plea of .....

Tags : Delhi High Court, Goodwill, Terminus Ad Quem

Courts Can Step in & Remove Errant Executor in Absence of a Named Legatee: Bombay HC(14.06.2018)

Bombay High Court has held that in the absence of a named legatee, courts can step in and remove an errant executor in order to protect the interests .....

Tags : Bombay High Court, Will

Ker HC: Challenge to Genuineness of Will on Grounds of Fraud Require High Degree of Evidence(09.01.2024)

Kerala High Court while observing that allegation of fraud, undue influence, etc must not be set forth vaguely, has held that to dispute the genuinene.....

Tags : Kerala High Court, Genuineness of Will, Reasonable Doubt

Kerala HC: Onus of Proof of Will is on Propounder to Remove Suspicious Circumstances(07.03.2022)

Kerala High Court has ruled that if there exist suspicious circumstances surrounding the execution of the will, it is the onus of the propounder to re.....

Tags : Kerala High Court, Onus of Proof of Will

Copyright © 2024 - All Rights Reserved