Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proceedings under Motor Vehicle Act - Proposed amendment was to incorporate a preliminary objection based upon factual assertions - Once petitioner has shown stand taken before Consumer Court, prior to filing of written statement, it cannot be said that proposed amendment is improvement in the..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Sufficient grounds - Careless framing of plaint without disclosing proper valuation, cause of action, other material facts such as lunacy of plaintiff's father and uncles comes within ambit of sufficient grounds for allowing plaintiff to institute a fresh suit regarding..........
Evidence Act, 1872, Section 3 -- Evidence of a witness - One part of the evidence disbelieved - Said evidence not separable from the remaining part - When evidence of witness is intrinsically inseparable one, Court has to reject the evidence wholly...........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Evidence of PW1 that A-2 caught-hold PW1 and appellant assaulted him with his hands is disbelieved by trial Court - When said evidence of PW1 is not separable from the remaining part of offence, trial Judge committed error in segregating the evidence, which is intrinsically inseparable one - Finding of..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of victim - Victim extensively cross-examined by accused but nothing incriminating elicited from her so as to discredit her testimony - Testimony is corroborated partly by her father - Even though no injury found on the body or private part of victim, it cannot be a ground to disbelieve her testimony - Victim was..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for specific performance - Application filed by defendant to place on record family settlement - However, there is no reference of said family settlement in written statement - Parties had already closed their evidence at the time of filing of application - Even, part arguments had already been heard -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 304, 34 -- Bail - Offence u/ss 304, 34 IPC - Petitioner and his wife are stated to have given slaps and a kick blow to deceased who fell down and subsequently after being hospitalized he came to be discharged and then passed away - Whether offence is one u/s 323 IPC or S.304(Part I)PC..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order refusing to grant injunction - High Court against order of Trial Court refusing to grant injunction pending disposal of suit, could not have dismissed substantive portion of suit itself and direct that remaining part of suit be agitated in a suit filed by defendant - Approach adopted by High Court is completely..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 85, 316(2) -- Anticipatory bail - Cruelty - Petitioner has already joined investigation and substantial part of dowry articles are recovered - Allegations detailed in FIR are matter of trial - No purpose would be served by sending petitioner behind bars - Anticipatory bail..........
Bharatiya Nyaya Sanhita, 2023, Section 80, 85, Dowry Prohibition Act, 1961, Section 3, 4, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Offence u/ss.80, 85 BNS and 3, 4 DP Act - Anticipatory Bail - As per the postmortem report on record, deceased died of asphyxia due to ante-mortem hanging and further, no other injury marks were found on any other part of the..........
