Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape of minor girl - Plea of enmity between parties - Mere filing of theft case cannot be termed as enmity between parties and no father will file false case at risk of his minor daughter as in Indian society, rape upon woman is always regarded as stigma - Hence, plea of accused about enmity between accused and father of..........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Property belongs to father - Payment of monies by son for property owned by father - Does not lead to conclusion that son has become owner and not the father in whose name property stands because such plea of son is barred by the Act...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Rejection of a part of the plaint - O.6.R.16 CPC does not apply when there is no plea or averment to the effect that, as against the Directors, pleadings should be struck out on the ground that they are unnecessary, scandalous, frivolous, vexatious or that they may otherwise tend to prejudice, embarrass or delay the fair..........
Civil Procedure Code, 1908, Section 152 -- Clerical mistake - S.152 CPC is limited and confined to only correction of mistake or omission mentioned therein - Plea sought to be raised by JD that surplus amount of decree has been ordered to be returned to respondent no.2 alone, which is a clerical mistake, held rejected, as same does not fall within provision of S.152 CPC -..........
Indian Penal Code, 1860, Section 302, 392 -- Triple murder case - Robbery - Motive of crime proved on record, as day before incident accused was hurt by utterances of deceased, which resulted in murder of deceased - Accused has gone to deceased`s house in absence of other family members and killed her along with two children - Plea of innocence of accused is negatived by..........
Indian Penal Code, 1860, Section 147, 99 -- Unlawful assembly - Right of private defence - No injury was caused by complainant party on body of accused - Accused during course of scuffle brought fire arm on scene of occurrence and used it - Act of accused is beyond scope of S.99 IPC - Plea of self defence taken by accused not justified - Accused convicted u/s 147 IPC...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 3 -- Dowry death - Appreciation of evidence - No iota of evidence is available on record that `M' son of appellant has ever visited native place of deceased to inform about occurrence - Neither any police record is requisitioned to prove this fact nor said witness has been examined as defence witness -..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh suit on the same cause of action - Not permissible on the basis of plea in written statement which can be rebutted by plaintiff in replication...........
Indian Penal Code, 1860, Section 84 -- Plea of insanity - Mere factum of failure on the part of accused to plead benefit of S.84 IPC, would not prevent the Court from extending benefit thereof, if facts and circumstances of case and evidence on record so warrant...........
Indian Penal Code, 1860, Section 304, 84 -- Offence u/s 304(Part I)PC - Plea of insanity - Accused killed his wife without any motive - Prior to date of incident as well as at the time of incident and thereafter, accused had been suffering from mental illness and was treated therefor - Callous manner in which crime is committed, attending circumstances clearly establish..........
