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Sunday, March 28, 2010

2010(1) LAW HERALD (P&H) 148
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
C.R. No. 5335 of 2009
Smt. Khurshidan & Ors.
v.
Rustam & Ors.
{Decided on 16/09/2009}
For the Revision-petitioner: Mr. Sudhir Aggarwal, Advocate.
IMPORTANT POINT
Impleadment--Necessary party--Bonafide Transferee--Property was purchased by revision-petitioner during pendency of suit transfer is hit by doctrine of lis pendence--Subsequent transferee could not said to have independent right for protection under Section 41 of Transfer of Property Act.
(A) Civil Procedure Code, 1908, O.1, R.10--Transfer of Property Act, 1882, S.41 & 52--Impleadment--Necessary party--Bonafide Transferee--Lis pendence--Sale deed executed in favour of revision petitioner after dismissal of suit in default showed that she was aware of pendency of suit--When suit was restored it related back to date of institution of same--Even stay granted against alienation of suit property stood restored--Since property was purchased by revision-petitioner during pendency of suit transfer is hit by doctrine of lis pendence--Revision-petitioner being transferee pendente lite is to step into shoes of his/her vendor and will be found by decree which may be ultimately passed in suit--Revision-petitioner, therefore could not be said to have any independent right in property in dispute--Protection of Section 41 of Transfer of Property Act not available to revision-petitioner. (P.7)
(B) Civil Procedure Code, 1908, O.1, R.10--Transfer of Property Act, 1882, S.41 & 52--Impleadment--Necessary party--Bonafide Transferee--Lis pendence--Property purchase during pendency of suit--Transfer hit by doctrine of lis pendence--Subsequent transferee could not said to have independent right--Protection under Section 41 of Transfer of Property--Application of subsequent transferee for impleadment rightly dismissed.
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Umed Singh Dahiya v. Balwan Singh & Ors.
910 - 2010(1) LAW HERALD (P&H) 150
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
Regular Second Appeal No.5920 of 2003
Umed Singh Dahiya & Ors.
v.
Balwan Singh & Ors.
{Decided on 11/08/2009}
For the Appellant: Mr. Arun Jain, Senior Advocate with Mr. Anupam Sharma, Advocate.
For the Respondent: Mr. M.L. Sarin, Senior Advocate with Mr. Kabir Sarin, Advocate.
IMPORTANT POINT
Will--If despite availability of facility of registration and knowing significance of registration of document testator did not get Will registered it could certainly be said to be a suspicious circumstance surrounding execution validity and legality of Will.
(A) Succession Act, 1925--Will--Validity of--Suspicious circumstances--Mental capabilities of testator--Testator was 78 years old at time of alleged execution of Will--Once suspicion arose with regard to mental capability of testator from evidence of witnesses it was for propounder to dispel the same--No evidence to prove that testator was in sound disposing mind at time of execution of the Will--Propounder unable to dispel suspicious circumstances surrounding Will--Will not valid.
(B) Succession Act, 1925--Will--Execution of--Legality and validity of--Suspicious circumstances--If despite availability of facility of registration and knowing significance of registration of document testator did not get Will registered it could certainly be said to be a suspicious circumstance surrounding execution validity and legality of Will. (P.9)
(C) Succession Act, 1925--Will--Execution of--Validity and legality--Suspicious circumstance--When typist did not know testator personally evidence of attesting witness who introduced testator to typist was of great importance--This was one of suspicious circumstances which was not dispelled by propounder rightly taken to be casting a doubt on validity and legality of Will. (P.16)
(D) Succession Act, 1925--Will--Validity and legality of--Suspicious circumstance--Will did not bear signatures of typist--He was not regular typist/scribe--Nothing on record that he recorded contents of Will in any register--This was also taken to be one of suspicious circumstances. (P. 17)
(E) Succession Act, 1925--Will--Validity--Legality of--Suspicious circumstances--No reasons recorded regarding deprivation of some of legal heirs of equal degree--Suspicion arises with regard to legality and validity of Will. (P.18)
(F) Succession Act, 1925--Will--Validity and legality of--Mutation does not confer any right of ownership--No evidence that respondent was present at time of entering and sanctioning mutation--Cannot be said that respondent admitted validity and legality of Will. (P.19)
(G) Succession Act, 1925--Will--Validity and legality of--Signatures allegedly of testator bore tremors and thumb impression could not be compared as same was smudged--No legal and valid Will was executed. (P.21)
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Yashpal Khanna & Anr. v. State of Punjab
911 - 2010(1) LAW HERALD (P&H) 157
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rajan Gupta
Crl. Rev. No. 1395 of 2009 (O&M)
Yashpal Khanna & Anr.
v.
State of Punjab
{Decided on 20/07/2009}
For the Petitioners: Mr. Ramandeep Sandhu, Advocate.
For the Respondent: Mr. Shailesh Gupta, DAG, Punjab.
Criminal Procedure Code, 1973, S.482--Indian Penal Code, 1860, Ss.307, 353, 332, 180 r/w 34--Arms Act, S.27--Framing of charge--Quashing of--Income tax officer alleged that they were assaulted and fired upon when they arrived at residence of petitioner to execute search warrant--Charge under Section 307, 353, 332, 180 r/w 34 and Section 27 of Arms Act framed--Quashing of framing of charge on ground that entire proceedings are vitiated as trial Court charged petitioner under S.186 though procedure envisaged by S.195 was not complied with--Held, That investigating agency was fully competent to investigate commission of all offence cognizable and noncognizable--Incident was a single transaction and could not have been split into parts--There were no fetters on powers of police to investigate offence alleged--Framing of charge not liable to be quashed.
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