Agreement to sell -- Specific performance - Agreement o sell house - Vendor cannot be permitted to take a plea that house is the only residential accommodation for the entire family - Moreover, complete denial of agreement to sell shows a malafide intention to fleece money and thereafter to take such frivolous plea...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Stale allegations of cruelty taken by husband which are vague and general in nature with no details i.e when and where incidents took place, who witnessed the incidents and what was background of such incidents - Mere plea of husband that behavior of wife towards him and his parents..........
Forest Act, 1927, Section 52 -- Confiscation of vehicle - Plea of petitioner that he was not aware that his vehicle was being used by his driver for the purpose of commission of forest offence - Not tenable as owner ought to have satisfied concerned officer that all due care was taken by him for custody of said vehicle...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea of non service of summons - Once it is stated on oath by defendant that service was never effected upon him, it is incumbent on plaintiff to produce process server and in case process server is not examined, service cannot be deemed to have taken place - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 22, Rule 1, 2, 3, 4, Civil Procedure Code, 1908, Order 1, Rule 10 -- LRs of a party cannot set up a different plea than one already taken until and unless they are impleaded in their individual capacity U.O.1.R.10 CPC - Impugned order of impleading LRs of defendant No.5 and amending written statement by treating it as a counter claim and..........
Indian Penal Code, 1860, Section 302 -- Murder - Plea of suicide by deceased taken by accused in his defence - However, medical evidence not supported the said plea - Plea rightly rejected...........
Indian Penal Code, 1860, Section 302, 84 -- Murder of eight month old child by her own mother - Plea of insanity - PWs including husband of accused stated that accused is a mental patient right from date of their marriage and he never got her examined by any psychiatrist - Unsoundness of mind of accused already part of evidence as deposed by PWs - It is duty of prosecution..........
Criminal trial -- Identification of accused - Witnesses stated that they saw accused inflicting gun injury to deceased in the light of torch - But no such torch has either been recovered by investigating agency nor produced in Court - Plea of identification of accused in light of torch cannot be accepted...........
Evidence Act, 1872, Section 102 -- Burden of proof - In civil cases, standard of proof is preponderance of probabilities and not beyond reasonable doubt - When both the parties have led their evidence, burden to prove a plea pales into insignificance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - No specific denial by husband about matrimony - No evidence lead with regard to plea that at time of marriage wife was already married and was not divorced by her previous husband - On the contrary, evidence adduced by wife remained uncontroverted to the extent of factum of matrimony, her vagrancy and..........
