Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minor - Not barred - For appointment of guardian, an application can be made either on behalf of the minor or by plaintiff and an order can be obtained for appointment of guardian...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 32, Rule 3 -- Rejection of plaint - Suit against minor - Suit against minor by itself is not barred - O.22.R.3 CPC provides the manner in which suit can proceed against minor...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, General Clauses Act, 1897, Section 3(57) -- Proof and pleading - Plea in plaint that plaintiff is son of deceased - Proof that he is adopted son of deceased - Law recognizes adopted son to be known as son - Once plaintiff has mentioned in the plaint that he is the son of deceased it was not necessary for him to specifically..........
Indian Penal Code, 1860, Section 302, 120B, 201, Evidence Act, 1872, Section 3 -- Murder - Proof of - Presumption of innocence - A dead body reduced to skeleton, recovered from septic tank of house - Post mortem report stated death was about two and a half month prior - Evidence on record established that all accused had knowledge of deceased being killed - But no..........
, Section 3(2)(v) -- Atrocities - A person against whom an offence has been committed must belong to Scheduled Castes and Scheduled Tribes which is a sine qua non for application of S.3(2)(v) of the Act...........
, Section 3(2)(v) -- Atrocities - No evidence on record that offence was committed against injured, who was a member of scheduled castes - In the absence of evidence to that effect, S.3(2)(v) of Act has no application - Conviction and sentence set aside - Accused acquitted...........
Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- Death of plaintiff/testator of Will - Substitution of LR's - Maintainability of application - Legatee under Will, who intends to represent the estate of deceased plaintiff/testator can maintain such application for being impleaded as parties even without probate/succession certificate of Will in question...........
Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- Death of plaintiff/testator of Will - Substitution of LR's - Right to sue - Legatee under Will who intends to represent the estate of deceased plaintiff/testator, being an intermeddler with estate of deceased, would be legal representative - Consequently LR's who succeeded to deceased plaintiff's estate should be heard in..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Caste derogatory language - Accused allegedly used derogatory language against complainant by taking the name of his caste while complainant was on his official duty - However, there are variations of words used by accused in the statement of eye witnesses, which are not minor..........
Evidence Act, 1872, Section 3 -- Oral evidence - Classified into three categories: (i) wholly reliable; (ii) unreliable; and (iii) neither wholly reliable nor u, wholly reliable...........
