Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for declaration - Mere fact that in present suit plaintiffs have also prayed for correction of revenue records which plea was available to them to be raised in previous litigation will not enable them to file another suit by escaping bar created by principle of res judicata envisaged in S.11 CPC...........
Evidence Act, 1872, Section 45, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Expert opinion - Eviction petition - Application filed by petitioner to give his specimen signatures for purpose of getting it compared from fingerprints expert dismissed - Petitioner has raised a categoric plea that he signs in English and does not sign in Punjabi - Once petitioner..........
Evidence Act, 1872, Section 17, 21, 112 -- Admission - Paternity of child - Petitioner had not made any categorical admission in previous proceedings between him and respondent that he is father of child born to respondent - He only did not deny paternity of child - It amounts to an implied admission - He has got a plea that he did not specifically deny paternity of child..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Claim of plaintiff based on plea of easement of necessity as also prescription - However, plea of easement rejected by Court below but suit decreed on the ground that suit land was classified as `share-aam-rashta' in revenue record - Findings of Court below is erroneous, as property in..........
Alternative and inconsistent plea -- Distinction - Alternate pleas are essentially different from inconsistent pleas - Inconsistent pleas do not go together - A plea of title and adverse possession would, in certain situations partake the character of alternate pleas, and in certain circumstances, of inconsistent pleas - When defendant claims a derivative title under the..........
Indian Penal Code, 1860, Section 302 -- Murder of husband by wife - Circumstantial evidence - Deceased allegedly assaulted by accused with knife - However, post mortem report shows multiples injuries on the body of deceased not caused by one person and tells entirely different story - More so, accused being woman could not make such severe and repeated assault on deceased..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Evidence of father and wife of deceased who are natural witnesses of scene of offence is reliable - Post mortem report of deceased fully corroborated the ocular testimony of these PWs - Incident occurred just outside the house of deceased - One chappal of accused was recovered from the spot -..........
Will -- Suspicious circumstances - Executant not identified by any of the attesting witness - There is no requirement that executant must be identified to the attesting witness by some one else - Further, plea that executant was not accompanied by any relative does not create doubt about correctness of Will as there is no evidence that she was dependent upon anybody or was..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Decree passed - Wife seeking setting aside of decree - Plea that decree of divorce by mutual consent was obtained by coercion, fraud and misrepresentation and was thus null and void and hence did not affect the marriage between the parties - One fails to appreciate what is that wife wants by filing the..........
Prevention of Corruption Act, 1988, Section 7, 8, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Illegal gratification - Criminal conspiracy - Quashing of proceedings - Plea that prosecution is having insufficient evidence to bring home conviction - Held, at this stage it is not proper to bring out conclusion or guilt..........
