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A bachelor bequeathed his property to his stepsister?s children. His real sister challenged the will. The appellate court held that in the absence of reasons for excluding his real sister and being written in different inks, the will was forged. The Supreme Court held that where the signature and sound mind of the testator is proved and in absence of plea of forgery, undue influence or coercion before, the lower court erred in holding the will was forged. Evidence shows that his relation with his real sister was strained and he was looked after by his stepsister?s family. The will was held to be genuine (Meenakhsiammal vs Chandrasekaran & Anr).
A builder prayed before the appellant authority for regularisation of the deviations of a building. The Friends Colony Development Committee filed a PIL for demolition as the construction posed a danger. The Orissa High Court held that the committee had no locus standi to participate in the proceedings. Restoring the petition, the Supreme Court laid down guidelines for adopting stringent measures in such cases. The court held that when builders working in connivance with authorities walk away with the money, unwary purchasers should be compensated (Friends Colony Development vs State of Orissa & Ors).
A victim with burn injuries told the doctor that her ?husband? (actually her fianc?) poured petrol and set her on fire on the scooter. The petrol can was in her hand. The victim?s second statement to the magistrate appeared contradictory about the place of occurrence. She also stated that the petrol can was in the dicky. The high court set aside the conviction, made on the basis of dying declarations. The Supreme Court held that no importance can be attached to contradictory and incredible dying declarations. The high court?s order of acquittal was upheld (State of Maharashtra vs Sanjay D. Rajhans).
SOLON