Indian Penal Code, 1860, Section 376 -- Rape - Plea of accused that site plan prepared by police official was false and fabricated - Not tenable as it cannot be considered as a leading factor to rule out entire case of prosecution when other material factors regarding commission of crime otherwise corroborate with each other to establish guilt of accused...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Plea by defendant in written statement of prior partition - Plaintiff not denying existence of prior partition in present case - Dispute has a great bearing on outcome on claim of a previous partition - Defendants directed to begin the hearing first...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession - Plea of ownership on the basis of registered sale deed - Execution and registration not controverted - However, there is plea of misrepresentation - Such defence is of no avail till sale and lease documents are declared null and void - The same cannot be declared so in the suit of..........
Criminal Procedure Code, 1973, Section 252 -- Plea of guilty - Plea not recorded as nearly as possible in the words used by accused - Conviction set aside...........
Indian Penal Code, 1860, Section 366, 376, 341 -- Abduction and rape - Prosecutrix had no occasion or motive to falsely implicate accused for grave offence of rape - By launching prosecution, she faced a risk of putting her own reputation in society at stake - Defence set up by accused that he is falsely implicated due to money dispute between them is not probable, as no..........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Rash and negligent driving - Fatal accident - Identification of accused - Complainant identified accused in Court - No reason, motive or any enmity, whatsoever, has been put forth by accused that he has been falsely implicated in the case - Even owner of vehicle not taken any plea that his vehicle is not involved in..........
West Bengal Government Land (Regulation of Transfer) Act, 1993, Section 86(1)(d) -- Agreement to sell - Applicability of provisions of Societies Act - Jurisdiction of Arbitrator to decide the dispute - Object of society is to establish cooperative basis, settlements or housing schemes and in furtherance of said object it can procure lands on purchase, hire, sell, lease or..........
Civil Procedure Code, 1908, Section 100, Delhi Rent Control Act, 1958, Section 50, 2(i), Slum Areas (Improvement and Clearance) Act, 1956, Section 19 -- Second appeal - Suit for possession and mense profit - Tenancy of defendants/appellants were terminated - Once tenancy of appellants/defendants of suit property stood terminated, the status of appellants/defendants was not..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Application of tenant for leading secondary evidence was dismissed - As per tenant, landlord is in possession of some other properties - Such plea is to be proved by way of independent evidence - Merely owning other properties does not mean that eviction application of landlord is to fail as S.13 of the Act deals..........
Indian Penal Code, 1860, Section 326, 498A, Dowry Prohibition Act, 1961, Section 4 -- Grievous hurt - Cruelty - Dowry demand - Victim was put to fire on being tortured for demand of dowry - Defence taken a plea that victim caught fire accidentally - However, Doctor who examined victim stated that injuries could not be caused by accident, as same were caused by pouring..........
