Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of time - May be allowed by way of an exception - Extension of time may be allowed if it was needed to be given for the circumstances which are exceptional, occasioned by reasons beyond the control of defendant and grave injustice would be occasioned if time was not extended - Costs may be imposed..........
Indian Penal Code, 1860, Section 306 -- Abetment to suicide - Proof - In letter written by victim to her husband, she did not indicate anything against her mother-i, law - No oral evidence on record to suggest that mother-i, law abetted commission of suicide by victim, that one `K' knocked door of victim in night at instigation of mother-i, law and she harassed victim on..........
Civil Procedure Code, 1908, Order 8, Rule 1, 10 -- Written statement - Court has discretionary power to allow defendant to file written statement even after expiry of period of 90 days provided U.O.8.R.1 CPC - Provision of O.8.R.1 CPC is directory and not mandatory - Provision has to be applied with some flexibility and not with rigidity or inflexibility...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Once there is specific allegation regarding fraud, misrepresentation, coercion as well as pressure and getting the signatures on blank paper then Court has rightly allowed the application of defendants and allowed to appear and contest the suit by filing the written statement - So far as the..........
Will -- Holographic Will - Proof of - Though it is pleaded that it is a holographic Will written by executant himself, at least one of two attestors of Will be examined to prove the same as mandated by S.68 of Evidence Act - But not even a single person was examined by propounder of Will - Even where such attestors were not alive, any person who is acquainted with writing..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plaintiff while appearing as his own witness made certain admissions in cross examination - Amendment cannot be allowed to deny or plead contra to the admissions made at a subsequent stage - No party should be allowed to deprive the benefits accrued to it in the cross-examination of other side..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Offence of cheating - Accused alleged to have entered into agreement to sell an open land to complainant and received consideration - Thereafter, despite repeated requests of complainant, accused did not execute sale deed and later on she sold disputed land to someone else..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - By way of amendment defendant sought to introduce a new case of split tenancy, which goes contrary to his earlier stand - Moreover defendant fails to prove that matter now sought to be introduced by amendment could not have been raised earlier in spite of due diligence - Amendment rightly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration that sale deed is null and void and result of fraud and misrepresentation - Amendment of plaint sought on the ground that after filing of written statement plaintiff came to know about a forgery and the same was sought to be incorporated by way of amendment of plaint - Amendment..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Recovery of Ganja - Accused acquitted - Investigating officer does not know as to how many days case property remained in Malkhana and also did not know as to whether superior officer was informed about incident or not - He also did not know as to how many days case property remained in Malkhana -..........
