Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - An amendment admitting to wipe out pleadings and admissions of party already considered by Trial Court, for purpose of arriving at a decision in suit cannot be allowed to be substituted with a new case at appellate stage, which would certainly cause serious prejudice to party against whom amendment is..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of rent - Deposit of rent belatedly pursuant only to unsustainable order of High Court, do not enure to benefit of defendant and cannot wipe out default already committed by defendant - Defence of tenant rightly struck off by trial Court...........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165 -- Recall of prosecutrix for further cross-examination - Prosecutrix initially supported the case of prosecution in her examination-in-chief, however, in cross-examination she completely disowned the happening of incident - Court in exercise of its powder u/s 165 of Evidence Act asked question with..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife had publicized her husband as a womanizer, drunkard and having bad habits in his office - Said act of wife would amount to cruelty, as it would demolish reputation of husband - Explanation given by wife that she did so to protect future of children could not wipe out her act of..........
Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003, Section 3 -- Ecologically Fragile Land - Compensation - Notification already issued notifying subject land as Ecologically Fragile Land - Respondents neither challenging validity of vires of 2003 Act, nor they are challenging said notification - Suit land is thus, ecologically fragile land and..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Application for default bail filed on expiry of stated period - The fact that appellant filed yet another application for default bail subsequently would not mean this application would wipe out the effect of earlier application that had been wrongly decided...........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Presumption - Appeal against acquittal u/s 304-B IPC - In the instant case, deceased was at her parent`s home for two months prior to death, this fact does not wipe out the effect of harassment for dowry suffered by the deceased - Even, sexual act was apparently not..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 498-A IPC and S.4 Dowry Prohibition Act - Divorce between parties - Does not wipe out consequences of criminal prosecution, once criminal prosecution has been set in motion...........
Indian Penal Code, 1860, Section 376(2)(I), 376D -- Gang rape of partially mentally retarded dumb woman - Medical evidence - Absence of injury on genital of prosecutrix cannot absolutely wipe out possibility of rape while external injuries are quite suggestive of forcible sexual intercourse with her - Moreover, injuries on left thigh and cheek and other parts of body of..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Financial fraud - Forged documents - Civil and criminal liability - One Time Settlement (OTS) Scheme between parties regarding payment of some of amount - Can only wipe off civil liability of accused and not criminal one - Accused cannot be discharged on the basis of OTS Scheme from criminal liability,..........
