Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea that due to oversight and mistake some important facts not included in written statement - Amendment declined as (i) amendment sought is not only belated but also not bona fide; (ii) in case amendment is allowed the same would change nature and character of defence taken by defendant;..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 302, 498A, 34, Dowry Prohibition Act, 1961, Section 4 -- Bail - Dowry death - Dying declaration of deceased recorded by Medical Officer indicates that no one was present with deceased when incident occurred and that Kerosene jerrycane fell over gas and caught fire - This has been further..........
Evidence Act, 1872, Section 32 -- Dying declaration - Written statement of deceased given to police can be treated as his dying declaration...........
Indian Penal Code, 1860, Section 302, 326 -- Offence u/ss 302, 306 IPC - Incident occurred in a trivial manner - Deceased had gone to house of accused and objected to dog poo thrown in front of his house - Accused became aggressive for this and did not listen - Accused was not carrying any arm rather he picked up a tangi lying in his house and struck a blow on his head -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant admitted having taken premises on rent from plaintiff - Amendment of written statement sought by defendant to deny title of plaintiff - Defendant is estopped from denying title of plaintiff to the premises in question particularly for defendants' admission - Amendment rightly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant has not come to Court with clean hands and ground taken by him to justify his delayed application for amendment is falsified from the record of suit - Amendment rightly declined...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Earlier application for amendment moved by tenant has already been rejected - Present application is filed seeking similar amendment - Case is at the stage of hearing - High Court already directed Court below to finalize proceedings of case within 6 months - Amendment..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False, baseless, scandalous, malicious and unproven allegations made in written statement may amount to cruelty - If it is established from evidence that allegations were evidently false, then such baseless allegations made in the written statement can amount to cruelty and Court can pass a decree of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False and baseless allegations in written statement - Plea that as husband was casting aspersions on wife's sexual behaviour, as such she was justified in retorting by making a counter allegation - This explanation is wholly unconvincing and does not dilute the act of cruelty, committed by wife - Besides..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False allegations against husband - Imputations and allegations made by wife in her written statement repeatedly reinforced during trial - Even allegation made by wife that she was mistreated or tortured not proved by her - False accusation which are not proved are bound to cause deep hurt and anguish to..........
