Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Love affair between parties - Prosecutrix has not only in her complaint but also in her statement recorded u/s 164 Cr.P.C repeatedly stated that accused had sexual intercourse with her against her consent - Mere fact that prosecutrix was quite friendly with accused for a long..........
Indian Penal Code, 1860, Section 302 -- Murder - Evidence of eye witnesses found corroborated by statement of PW5 - PW5 stated very specifically naming both accused as to their role of giving on blows on deceased to inflict grievous bleeding injuries - Entire evidence on record is clear, cogent and corroborative narration of occurrence by eye witnesses and nature of..........
Criminal Procedure Code, 1973, Section 190, 202 -- Complaint - Mere statement in order that he has gone through complaint, document and heard complainant will not be sufficient - What weighted with Magistrate to order investigation or to take cognizance should be reflected in the order, although a detailed expression of his view is neither required nor warranted...........
Adverse possession -- Mere bald statement not enough - Plea of adverse possession has to be carefully set up as to from which date it commenced and became hostile to rightful owner of property in question...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Liquidated sum - Leave to defend - Suit filed for recovery of liquidated sum and suit is maintainable - Defendant thus, directed to furnish either a Bank Guarantee or any other security to the tune of Rs.10 lakhs - Subject to said conditions being fulfilled, written statement shall be taken on..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. - Summoning of judicial officer to prove voluntariness of statement - Not permissible...........
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 74 -- Statement u/s 164 Cr.P.C. - Such statement is a public document - It does not require any formal proof by summoning Magistrate to prove the same...........
Civil Procedure Code, 1908, Order 18, Rule 5 -- Examination-in-chief of PW1 through affidavit - PW1 was cross-examined - Compliance of O.18.R.5 CPC was made wherein after recording on oath PW1 had proved paper which was authorized letter for instituting suit - Statement of PW1 in evidence thus, cannot be disbelieved as contended by defendant...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Claim petition - Rejection of - Failure of AW3 to report the accident to police - AW3 brought deceased in his car to hospital - It is quite natural that such a person who had accompanied injured to hospital for immediate medical aid, could not have simultaneously gone to police station to lodge FIR - High Court ought not..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Defendant denied lessor-lessee relationship between parties and pleaded that he was licensee of opposite party - However, no plea of licence is raised by defendant either in written statement or in objection file U.O.15.R.5 CPC - In absence of plea of licence, submission being advanced by defendant,..........
