Criminal Procedure Code, 1973, Section 303, 265 -- Plead guilty - Duty of court - Held, ordinarily in serious offence, plead guilty is to be avoided - It is desirable to direct that case should be tried - Even if plea guilt is recorded which would be done by distinctly putting to accused each fact alleged in charge, if proved, would constitute an offence - Yet even on..........
Will -- Unsound mind - A person is presumed to be sane until the contrary is proved - To prove the contrary at least some evidence of conduct precedent, attendant and subsequent to the act done under alleged unsoundness, must be proved - No evidence on record that testatrix was not in a fit state of mind to execute the Will - In absence of a specific plea as to undue..........
Insurance claim -- Discharge voucher - Full and final settlement - Amount not received by the respondent of his free will and volition, but per - force of circumstances - Mere receipt of amount does not debar the appellant from maintaining the complaint - As it would depend upon the facts of each case as to whether the plea of full and final settlement is to be accepted or..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Daughter - Respondent denied that petitioner is his daughter - Respondent not adduced any oral or documentary evidence in support of his plea - Courts below concurrently held hat petitioner is the daughter of respondent and this finding is supported by evidence on record - Order granting maintenance upheld...........
Indian Penal Code, 1860, Section 498A, 306, Evidence Act, 1872, Section 113A -- Suicide in matrimonial home within seven months of marriage - Every member of the family of deceased has come up with a different plea about the harassment - Husband of deceased was not at home when she committed suicide - No marks of injury on her body - No evidence on record as to why..........
Civil Procedure Code, 1908, Section 9, Evidence Act, 1872, Section 101 -- Suit for partition - Plea that suit is not maintainable without adding or joining all the properties of the joint family - No concrete pleading or proof - Held, there were no other properties except those mentioned in the plaint as such the suit is maintainable...........
Evidence Act, 1872, Section 101, 106 -- Burden of proof - Plea that all joint family properties not joined in the suit for partition - Burden of proving the facts specially within the knowledge lies on him to prove the said fact...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from alienating suit property or creating any charge over the same - Sale of property by father of ancestral property alleged to be without consideration and legal necessity - Vendee put in possession of suit property on the day sale was executed in his favour - Plea that..........
Indian Penal Code, 1860, Section 302, 96, 106 -- Right of private defence - Onus on accused - Plea of private defence cannot be based on surmises and speculation - In order to find out whether right of private defence is available to accused entire incident must be examined with care and viewed in its proper setting - Burden is on the accused to show that he had a right of..........
Insurance claim -- Group Insurance Policy - Time barred claim - Claim submitted by respondent to the employer within two weeks of death of insured in March, 2002 itself - Claim not settled by the appellant Insurer and hence complaint instituted in June, 2006 - It could not be said that there was fault or delay or negligence on the part of the complainant in lodging the..........
