Indian Penal Code, 1860, Section 506 -- Offence u/s 506 IPC - There is no supporting evidence except vague statement of prosecutrix in her evidence that whenever she shouted when he had attempted to have sexual acts with her, accused threatened her not to say anything to anyone, as otherwise he would kill her - No other statement or evidence relating to the incident or the..........
Hindu Marriage Act, 1955, Section 23A, Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 6, Rule 17 -- Divorce - Counter claim - Accrual of cause of action for counter claim after defendant has delivered his defence - Held, on said ground Court not to have rejected the amendment of written statement to raise plea of counter claim...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - After commencement of trial - If some facts come to knowledge subsequently and subsequent to the commencement of trial and if it is found that it is necessary for determining the real questions in controversy between the parties, such an application for amendment can be allowed ever after trial..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Provision of O.8.R.1 CPC ordinarily ought to be adhered to - Court should not be too harsh to strike of the defence of defendant at very early stage - It is thus, deemed appropriate to grant one more opportunity to defendant for filing written..........
Indian Penal Code, 1860, Section 376(2)(f), (i), (n), Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 10 -- Rape of daughter by her own father - Testimony of prosecutrix establishes that accused had sexually molested her even on previous day of date on which she narrated incident to her class teacher - First Information Statement of prosecutrix was..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused being teacher having found the deceased boy regularly bunking classes first reprimanded him but on account of repeated acts brought this fact to knowledge of principal who called parents of deceased - No further overt act has been attributed to accused in FIR or in statement of complainant, nor anything..........
Indian Penal Code, 1860, Section 376, 354, 420, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(xii) -- Offence u/ss 376, 354, 420 IPC and S.3(xii) of SC/ST Act - Framing of charges - No medical evidence as to offence of rape and it is merely on oral statement of complainant S.376 IPC has been imposed - Allegations are levelled for a..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading - To contain a statement in a concise form of material facts but not the evidence by which they are supposed to be proved...........
Evidence Act, 1872, Section 92 -- Sale deed - Oral evidence - Sale deed is required to be registered i.e. a document required by law to be reduced to the form of a document - Therefore, no evidence of any oral agreement or statement shall be admitted for the purpose of contradicting, varying, adding or subtracting from its terms...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Parameters for amending written statement are different from ones for amending the plaint - Defendant can take many pleas, which may be inconsistent or alternative pleas...........