Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pleas taken by defendant in written statement cannot be taken into consideration for deciding application U.O.7.R.11 CPC...........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Eviction - In view of statement of counsel for parties, time granted to petitioner to vacate demised premises on or before 31.07.2021 - However, this is subject to petitioner depositing rent @ Rs.1200/-p.m as decided by Appellate Court within stipulated period of time every month - Petitioner would also deposit..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 341, 427, 109, 201, 202, 34, 120B -- Bail - Attempt to murder - Complainant alleges that all accused made an attempt to cause grievous injury to driver/complainant as well as occupant of car - What prevented police to get identification parade done immediately after arrest of accused, not..........
Civil Procedure Code, 1908, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), 13, Evidence Act, 1872, Section 145 -- Production of document - To contradict a witness during cross-examination - No Court can refuse a document being put to a witness during cross-examination to obtain a contradiction of her earlier statement merely for reason that it had..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Needs to be reduced into writing in order to make such statement admissible in evidence u/s 27 of the Act - However, non-recording of such statement will not be fatal to prosecution case...........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25(1B)(a), 27(1) -- Disclosure statement - Murder - Information to the extent that accused admitted that he murdered deceased by gunshot injury is inadmissible u/s 27 of Evidence Act, as such information does not distinctly relate to fact discovered...........
Indian Penal Code, 1860, Section 377 -- Unnatural offence - Victim was 5 years old at the time of incident and withstood lengthy cross-examination but nothing adverse material could be brought on record so as to disbelieve his natural evidence - There was no reason for victim to state falsely against accused - Statement of victim appears to be quite natural - Medical..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Petitioner seeks amendment on basis of Rent-deed executed in year 1950 by virtue of said document petitioner virtually wishes to wriggle out from his admission - Withdrawing an admission..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within time - Nine adjournments granted to file written statement - Written statement not filed as defendant was under impression that plaintiff will withdraw suit after compromise in between the parties - Defendant was duty bound to ensure that follow up steps to withdraw suit are taken -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of forgery and fabrication - Amendment sought to clarify such pleas - Pleas already taken sufficient for Court to consider such plea - Application filed is redundant and not necessary - Application dismissed...........
