Kerala Prisons and Correctional Services (Management) Act, 2010, Section 86(1), 86(2), 86(3), Criminal Procedure Code, 1973, Section 190, 204 -- Cognizance of offence - Possession and use of mobile phone by prisoner - Plea that only jail authorities can initiate proceedings against petitioner - Held, not tenable as S.86(3) of the Act provides that offence u/ss 86(1), 86(2)..........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Fraud and misrepresentation - Vague or general plea can never serve purpose of O.6.R.4 CPC - Party pleading is required to plead precise nature of influence exercised, manner of use of influence and unfair advantage obtained by other...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegation of illicit relations and love affairs of husband raised by wife in her written statement - Wife did not lead any evidence on this aspect - Allegations amount to cruelty even when such plea is not taken in the divorce petition but such allegations are made by wife in her written statement...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Plea of adultery - Issue of adultery or living in adultery not decided by two Courts below - There is thus, no reason for High Court, at this stage, to go into said issue - Since application of maintenance is maintainable, it is open to both the parties to raise such issue or to lead evidence on such..........
Evidence Act, 1872, Section 11 -- Plea of alibi - Murder case - Issue of accused proving alibi would arise only if prosecution had been able to establish his presence in his house at the time of incident by leading cogent convincing evidence...........
Agreement to sell -- Specific performance - Sale deed was not executed on the date fixed between parties - Plea of extension of date for execution of sale deed is rejected by Courts below on the basis of material on record - Suit held, barred by limitation being filed after period of limitation, thus rightly dismissed...........
Registration Act, 1908, Section 17 -- Un-registered agreement to sell - Suit for specific performance - Agreement of sale does not require registration for filing suit for specific performance - But in case agreement to sell is not registered, plea of part performance on the basis of such an agreement is not available in view of S.53-A of T.P. Act and Ss.17, 49 of the Act...........
Indian Penal Code, 1860, Section 100 -- Right of private defence - It need not be specifically raised - Plea of private defence has to be gathered from surrounding and extenuating circumstances...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Plea of self defence - Accused was last seen in the company of deceased - She visited police station and narrated incident to police that she assaulted her husband - However, material on record shows that deceased while returning home brought a bottle of liquor and had threatened accused that..........
Evidence Act, 1872, Section 106 -- Burden of proof - Offence u/s 304(Part II) IPC - Although burden was upon accused to discharge onus of fact within her special knowledge of Ss.105, 106 of the Act - However, accused can still raise plea of exception...........
