Evidence Act, 1872, Section 120 -- Examination of husband, to give evidence, in place and instead of his wife or vice versa is permissible even in the absence of a written contract - Such a witness is entitled to depose not only the facts within his/her knowledge but also within the knowledge of his/her spouse...........
Evidence Act, 1872, Section 108 -- Presumption of death - Missing person - Son of petitioner was missing in the year 2005 - Since then whereabouts are not known - It is thus, left open for petitioner to file civil suit in terms of S.108 of the Act and S.34 of Specific Relief Act and obtain necessary orders from the competent civil Court in accordance with law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Second appeal does not lie on the ground of erroneous findings of fact based on an appreciation of relevant evidence - Existence of a substantial question of law is a condition precedent for entertaining the second appeal...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration of title and injunction - Defendant seeking appointment of Local Commissioner - No dispute with respect to identity of property - Burden of proof is on plaintiff in such a suit to prove with cogent evidence that he is owner of property - No necessity for defendant to take upon himself..........
Protection of Children from Sexual Offences Act, 2012, Section 5(1), 5(m), 6, Indian Penal Code, 1860, Section 376(3), 376(2)(n) -- Aggravated penetrative sexual assault - Victim who was 10 years of age at the time of incident stated that accused repeatedly committed penetrative sexual assault on her - She was traumatized to such an extent that she had signs of mental..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charge, detailed analysis of entire evidence is not expected - Satisfaction is to be recorded that there are grounds for framing charge and not beyond that...........
Transfer of Property Act, 1882, Section 123 -- Gift - Once there is an admission of gift by parties in the proceedings and the donor herself, there is no need to give evidence in proof of the execution of gift deed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the stage of evidence of plaintiffs - Amendment sought would not cause prejudice to other said - Proposed amendment is necessary for the purpose of determination of real controversy between parties - Moreover, if amendment is not allowed it will lead to unnecessary multiplicity of litigation -..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - When either at the instance of prosecution or on behalf of accused, Court is ignited regarding the necessity of alteration of charge, Court can exercise its power u/s 216 Cr.P.C., based on evidence...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - When Court feels that power u/s 216 Cr.P.C to alter the charge shall be invoked suo motu based on the evidence recorded, Court has the power to alter charge resorting to its power u/s 216 Cr.P.C...........
