Civil Procedure Code, 1908, Order 6, Rule 17, Rajasthan Rent Control Act, 2001, Section 6 -- Amendment of written statement - Dismissal of application - Eviction petition - Landlord passed away, petitioners being close relatives cannot plead ignorance of such fact and justify their inaction particularly when his legal representatives have already come on record - Factum of..........
Civil Procedure Code, 1908, Order 6, Rule 17, Rajasthan Rent Control Act, 2001, Section 6 -- Amendment of written statement - Dismissal of application - Eviction petition - Petitioners failed to apply for incorporation of desired amendment for 5 years - Petitioner`s application clearly barred by proviso to O.6.R.17 CPC - Application rightly dismissed...........
Rajasthan Rent Control Act, 2001, Section 6, Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Bonafide requirement - Application for amendment of written statement of tenant that after death of landlord the son has joined his business and so bonafide requirement for personal business of his son does not exists anymore - Since in instant case issues have..........
Indian Penal Code, 1860, Section 302, 307, 201, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Evidence adduced by prosecution is duly corroborated by statement made by accused u/s 313 Cr.P.C - Answer offered by him in his statement u/s 313 Cr.P.C to some questions were evasive and in answer to certain questions he..........
Indian Penal Code, 1860, Section 302, 201 -- Murder case - Testimony of PWs - Statement of PW9 last seen witness is rendered doubtful to the effect that deceased was called by accused inside her house, as if he had actually seen deceased going inside house of accused, he would have informed parents of deceased same day - Moreover, PW9 stated that route/path taken by..........
Indian Penal Code, 1860, Section 376, 511 -- Rape - Testimony of eye witnesses - Eye witnesses PW3 & PW4 reached place of occurrence simultaneously and there is discrepancy between their statements regarding manner of incident - Both the eye witnesses are closely related to prosecutrix, their testimony could be doubtful on this count also and they could give false..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected on basis of allegations levelled by defendant in written statement...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Statement of deceased was recorded before his death in hospital - However, there is no consultation from doctor before recording such statement as to whether deceased was fit to give statement or not - PWs not supported prosecution story - Ocular evidence not corroborated by medical evidence - I.O had..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 498A, 34 -- Evidence of interested witnesses - Cruelty - Deceased disclosed before PWs/relatives of deceased that she was tortured and assaulted by accused on demand of bicycle - All these witnesses though related to deceased but evidence of such witnesses cannot be discounted merely on the ground that they..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea sought to be raised by way of amendment is totally inconsistent with original plea raised in the case - Trial Court should not have permitted defendants to raise such a plea by way of amendment after commencement of trial - Order allowing amendment application set aside...........
