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february 2006

Supreme Court of India · 2006-02-03

Shiva Nath Prasad vs State Of West Bengal & Ors

Citation / case number
AIR 2006 SUPREME COURT 1181
Court
Supreme Court of India
Petitioner
Shiva Nath Prasad
Respondent
State Of West Bengal & Ors
Bench
B.P. Singh, S.H. Kapadia

Judgment text excerpt

The Supreme Court upheld the High Court's refusal to quash proceedings against the accused under Sections 120-B, 406, 417, and 420 IPC, affirming that the allegations of conspiracy and fraud in the revocation of mutual wills and trusts were sufficient to proceed with the case. The Court emphasized that the intentions of the deceased couple regarding their estate, as expressed through their mutual wills and trusts, must be respected, and any deviation from this could constitute criminal wrongdoing. The appeals were dismissed, allowing the criminal proceedings to continue.

Shiva Nath Prasad vs State Of West Bengal & Ors · Niyam