Civil Procedure Code, 1908, Section 11 -- Res-judicata - Rule of res-judicata is a rule of procedure and said rules of procedure are handmaids of justice...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Once an application for withdrawal is filed seeking liberty to file a fresh suit, on grant of permission of withdrawal, the liberty has to be presumed in law, whether specifically granted or not - This is because such an application has either to be allowed fully or rejected...........
CBSE (Examination) Rules, Rule 69.2, Civil Procedure Code, 1908, Section 11 -- Change in date of birth - Two writ petitions - Issue involved in present writ petition was for the correction of date of birth, material particulars which were absent from the record of earlier writ petition - Order/judgment passed in earlier will not operate as res-judicata...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Does not ipso facto result in unamended pleadings having gone off the record - Unamended pleadings are very much part of the Court file...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of defendant that previous written statement cannot be seen by Court once amended written statement has been permitted to be filed - Held, not tenable as previous written statement filed does not get wiped of the record after amendment has been allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agreement to sell - Oral - Oral agreement to sell in between two companies - Oral agreement entered into by two juristic persons is not valid - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Application U.O.7.R.11 CPC - Can be filed at any stage even at the stage of arguments...........
Evidence Act, 1872, Section 32 -- Dying declaration - Principles relating to recording of dying declaration and its admissibility and reliability, summed up : (i) A dying declaration could be the sole basis of conviction even without corroboration, if it inspires confidence of Court; (ii) Court should be satisfied that declarant was in a fit state of mind at the time of..........
Evidence Act, 1872, Section 32 -- Dying declaration - Law does not provide as to who could record dying declaration nor there is any prescribed format or procedure for the same but the person recording dying declaration must be satisfied that the maker is in a fit state of mind and is capable of making the statement...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A -- Bail - Dowry death - Cruelty - Exorbitant demands - Claim for demand not supported by any material evidence - Deceased not coping with stress relating to the examinations and the results - Vivid description as to how deceased had a "loving, caring, hot and handsome husband" - Bail..........
