In this context, it was emphasised that the propounder would be required to prove by satisfactory evidence that (i) the Will was signed by the testator, (ii) he at the relevant time was in a sound and disposing state of mind, (iii) he understood the nature and effect of the dispositions, and that (iv) he put his signature to the document of his own free will. One of the relevant considerations as to whether the trust was a public trust, will be if by the trust deed any right of worship has been given to the public or any, section of the public answering a particular description.
While the role of Public Prosecutors under sub-sections (1) to (3) of Section 24 Cr. Venkatachala Iyengar (supra) while dilating on the statutory requisites of valid execution of a Will, observed that unlike other documents this testamentary instrument speaks from the death of the testator and by the time when it is produced before a Court, the testator had departed from his temporal state and is not available to own or disown the same.
, may appear and plead without any written authority before any court which that case is in inquiry or trial or appeal. However, these are of no avail to the appellant herein in the conspectus of present facts. and in charge of the case, in terms of Section 301 Cr. The history ‘of this temple, it is not disputed, goes back to remote antiquity. A reading of sub-section (3) of Section 14 would make it clear that such rate of exchange can be determined by the Board or can be ascertained in such manner as the Board may direct, for the conversion of Indian currency into Foreign currency or Foreign currency into Indian currency.
) speaking for the Bench succinctly stated the law thus at pages 549 and 550: CCE, Hyderabad [(1994) 2 SCC 428 : JT (1994) 1 SC 545] , one of us (B. The necessity of removal of the suspicious circumstances attendant on the execution of the Will, however, was underlined as well. is confined to the ‘Courts’ or ‘Area’ or ‘District’ to which they are attached, the role allotted to Special Public Prosecutor under sub-section (8) of Section 24 Cr. State Electricity Board v.
373-376), the origin of the temple is traced to the Treta Yuga, which was the second age of the world by Hindu mythology. This contention raised by the learned senior counsel for the appellant is rejected as the said contention is contrary to the issues/principles laid down by the Privy Council and this Court in the following judgments: The appellant-Company has also contended that the respondent-Union has also raised the legal question regarding the competency of the Deputy Labour Commissioner in passing the order of reference for the first time before this Court and the same was not raised before the High Court, therefore, the same shall not be permitted to be raised in these proceedings and this Court need not go into this aspect of the matter which is wholly untenable in Simranjeet Law Associates.
Thus, Board had been given power to determine the rate of exchange or stipulate the manner in which such rate of exchange is to be determined. Side by side with Hindu tradition, there is a Santal tradition of the origin of the temple given by Sir William Hunter (see the Annals of Rural Bengal, p. According to Hindu tradition referred to in the Siva Purana and Padma Purana, extracts from which, with translations, are given by Dr. Armed with this power, the customs authorities notified the rate of exchange for the purposes of Section 14 at one US dollar equal to Rs.
Rajendra Lal Mitra in his paper on the Temples of Deoghar (see Journal of the Asiatic Society of Bengal, Part 1, 1883, quoted in the Bihar District Gazetteer relating to Santal Parganas, 1938 edition’ pp. On the basis of this fixation by the Reserve Bank of India, the notification Advocate Simranjeet Singh Sidhu dated 27. The word ‘any Court’ occurring in Section 301 Cr. The legal propositions adumbrated by the judicial pronouncements, adverted to hereinabove, do not admit of any exception. In the latest decision in A.
33) We would like to refer to the judgment of this Court in Indian Acrylics (supra) at this juncture. 1992, the Reserve Bank of India had notified the exchange rate of one US dollar equal to Rs. Though, the issue in that case related to the rate of exchange touching upon the provision in respect whereof contained in sub-section (3) of Section 14 (unamended provision), the question of law decided therein would support the view we are taking in the instant case.
That no hard and fast or inflexible rule can be laid down for the appreciation of the evidence to this effect was acknowledged. It was thus emphasised that this does introduce an element of solemnity in the decision on the question as to whether the document propounded is proved to be the last Will and testament of the departed testator. It was observed that ordinarily when the evidence adduced in support of the Will is disinterested, satisfactory and sufficient to prove the sound and disposing state of the testators mind and his signature as required by law, the court would be justified in making a finding in favour of the propounder signifying that he/she had been able to discharge his/her onus to prove the essential facts.
For the purposes of this appeal it will be necessary to refer to some earlier litigation about this temple. Notification in this behalf was issued by the Board on 27. Bhavani Advocate Simranjeet Singh Sidhu appointed as a Special Public Prosecutor under Section 24(8) Cr. is specific to ‘conduct a case’ or ‘class of cases’. This Court sustained the challenge in the following words: 44 was challenged as arbitrary fixation of the exchange rate. would become redundant. If the construction of the phrase ‘conduct of the case’ or ‘class of cases’ is restricted only to the trial court as is argued by the appellant in the instant case, then the words ‘any Court’, ‘trial’, ‘inquiry’, ‘appeal’ occurring in Section 301(1) Cr.
1992 stipulating exchange rate of one US dollar equal to Rs.