Balfer vs Balfer: Understanding Case Law and Key Facts

2023 0 Supreme(Cal) 198

Whether further investigation should or should not be ordered is within the discretion of the learned Magistrate who will exercise such discretion on the facts of each case and in accordance with law. ... The learned Magistrate or the higher court of competent jurisdiction would direct “further investigation” or “reinvestigation” as the case may be, on the facts of a given case. ... Above Category 7 is clearly attracted in the facts of the present case#HL_EN....

Is the Roman-Dutch Law or the Tesawalamai the law applicable to the present case ? ... "It is unnecessary, then, to go fully into the facts of the case, but I will briefly discuss them for the sake of completeness. ... case. ... And if it even was the case under that Charter and subsequent enactments, Puttalam clearly ceased to have any connection with the Northern Province, and for many years now the law of succession among Puttalam Tamils has,....

2024 0 Supreme(Gau) 391

would not be applicable in all force to the facts and circumstances herein this case. ... Being highly aggrieved, the petitioner approached this court for quashing the proceeding, mainly on the following grounds, that:- (i) The learned court below has erred in law and in facts while passing the impugned order, resulting abuse of the law and miscarriage ... Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on the record an....

Sir Barnes discusses the law with some fullness, quoting among other cases the opinion of Lord Cairns in De Thoren v. Attorney-General,1 [A.C.686.]and making reference to the Scotch leading case, the Breadalbane Case.2[L. R. 2 H. L. Sc 269. ... - Held, that the deed of agreement was no bar to her and her children's rights under the law of intestate succession. APPEAL from a judgment of the Supreme Court. The facts artfully stated in the judgment of the Judicial Committee of the Privy Council. ......

2023 0 Supreme(J&K) 502

Ratio decidendi of the judgments (Supra) squarely apply to the facts of the case in hand. ... Ratios of the judgments of “Bhajan Lal’s Case”, “M/S Pepsi Food Ltd. Case” & “Gourishetty Mahesh’s Case” (Supra) lay down an invariable principle of law that where the allegations in the FIR or complaint are so absurd and inherently improbable, the criminal proceedings should be quashed. ... It is trite law, that powers to quash criminal proceedings under inherent jurisdictio....

The important part of our decision in this case is the application of what is said to be the law from the Tesawalamai to the circumstances of the widow in this case. ... If I am right so far, there are obviously two different states of facts that may arise in the future. ... " We have to depend for the decision of this question upon facts which have been deposed to by the widow of the deceased man and by the executor in this case, and in my opinion the widow has succeeded in es....

2023 0 Supreme(Del) 5719

Brief facts of the case are as follows:- 2.1. The petitioner is the sister-in-law of the respondent no.2 and both reside in a common property. ... Applying the aforesaid legal principles to the facts and circumstances of the present case, I am satisfied that the present FIR has been filed in a mala fide manner on account of the dispute between the parties relating to the property where they reside. ... In order to achieve this, the High Court can take into account the overall facts and....

Court of Appeal Putrajaya

cited; (iii) the facts of the case, particularly whether and how such facts are relevant, similar or distinguishable from the matter before the Court ; (iv) the context in which the statement relied upon was made; (v) whether the statement amounts to the ratio or is obiter ... [17] As far as the case of Seruan Gemilang is concerned, we agree with the principle that was enunciated by the Federal Court . The question is whether the Seruan Gemilang principle applies to the facts of the present #HL_START....

2023 0 Supreme(P&H) 22

Applying the aforesaid law laid down by the Hon'ble Supreme Court to the glaring peculiar facts and circumstances of the present case; and more particularly, the material on record, gravity of the offence, prima facie involvement and complicity of the petitioners in brutal murder of the son of the complainant ... The judgments relied upon by the learned counsel for the petitioners are on different footings and are not applicable to the facts and circumstances of the present case. The judgments relied up....

THE facts material to this report appear from the following portion of the record :- Cross-examined by Mr. Bawa, K.C. . . . . I had some cases in this Court. Some are pending. ... I sued my mother-in-law for a balance alleged to be due on the promised dowry. At the time of action she was a widow. She denied the promise. 1 gave evidence, so did she. Action dismissed. Affirmed in appeal. On the pending question. Mr. Elliott quotes 20 N. L. ... Evidence-Question to witness whether he was not disbelieved in a previous case. I....

2017 0 Supreme(Bom) 2432

It is not anyone's case that the petitioner herself is occupying the encroached property either as a member of the son's family or otherwise. The facts of our case are really governed by the law laid down in the case of Kanchan vs. Mahadev, reported in 2013(1) Mh.L.J. 455 by a learned single Judge of this Court. In Kanchan's case, the complaint against the member of the Gram Panchayat was that she was married to one Shivaji Atigre, who claimed through a common ancestor, Bapu Atigre.

2017 0 Supreme(Bom) 235

The Divisional Magistrate, Pandharpur, 1969 Mh.L.J. 387, while appreciating the facts involved in that case, this Court held that extending the area of externment not only outside Pandharpur Taluka but to the Districts of Solapur, Pune and Satara is illegal since the alleged activities against the petitioner therein, as stated in the show cause notice, were confined to the Pandharpur City. Yet in another exposition of law in the case of Balu vs.

2017 0 Supreme(Bom) 138

The Divisional Magistrate, Pandharpur, 1969 Mh.L.J. 387, while appreciating the facts involved in that case, this Court held that extending the area of externment not only outside Pandharpur Taluka but to the Districts of Solapur, Pune and Satara is illegal since the alleged activities against the petitioner therein, as stated in the show cause notice, were confined to the Pandharpur City. Yet in another exposition of law in the case of Balu vs.

2017 0 Supreme(Bom) 53

The Divisional Magistrate, Pandharpur, 1969 Mh.L.J. 387, while appreciating the facts involved in that case, this Court held that extending the area of externment not only outside Pandharpur Taluka but to the Districts of Solapur, Pune and Satara is illegal since the alleged activities against the petitioner therein, as stated in the show cause notice, were confined to the Pandharpur City. Yet in another exposition of law in the case of Balu vs.

2016 0 Supreme(Bom) 1784

The Divisional Magistrate, Pandharpur [cited supra], while appreciating the facts involved in that case, this Court held that extending the area of externment not only outside Pandharpur Taluka but to the Districts of Solapur, Pune and Satara is illegal since the alleged activities against the petitioner therein, as stated in the show cause notice, were confined to the Pandharpur City. Yet in another exposition of law in the case of Balu Vs.