Criminal Procedure Code, 1973, Section 127 -- Reduction of maintenance as awarded to wife - Plea of retirement of husband - Evidence on record shows that after retirement husband enrolled himself as an Advocate in District Bar - Being a husband, he has a legal obligation to pay maintenance to his wife - Even if husband retired from his services, he is not rendered..........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Plea that accused is mentally challenged person - Said plea neither taken during trial nor before appellate Court - Burden of proving this fact lies on accused - Plea directly raised before High Court is not acceptable, particularly, when revision against conviction is preferred by accused himself and not through next..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Plea that there was no reason for the appellant to demand money as he had no role in the matter to grant a copy of the sanctioned map - File in question seized from the residence of accused - It cannot be said that appellant had no role to play in the matter and that there was no..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession, recovery of mesne profit and damages against son and daughter-i, law - Plaintiff exclusive owner of suit property which fact not denied by defendant - Even permissive user of suit premises not disputed by defendant - Except for bald and vague denials, defendant has not taken any..........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Ex-parte decree - Plea of no, service of notice of suit - Appellate Court cannot proceed on basis that summons was admittedly served on defendant - This plainly is contrary to pleadings and there is no possible justification of the same - Order of First Appellate Court in dismissing appeal set aside - Matter remitted..........
Limitation Act, 1963, Article 64, 65 -- Limitation - Plea of adverse possession - Admittedly, appellant is a third purchaser of suit property from deceased and is in possession of property since long through oral sale-deed - Limitation for adverse possession cannot be reckoned from period of oral agreement rather period will be reckoned from the date of alleged..........
Civil Procedure Code, 1908, Section 11 -- Res-judicata - Plea of adverse possession in subsequent suit on the basis of same sale deed - Barred by res-judicata as competent civil Court has already heard and decided the issue and same has reached finality...........
Adverse possession -- Plea of title under oral partition and adverse possession - Not permissible as both the pleas are inconsistent and contrary...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plea of execution of Will in written statement - Amendment of plaint sought to add relief for declaring said Will to be null and void - No material on record that plaintiff had knowledge of said Will at the time of institution of suit - Amendment allowed to avoid multiplicity of suits...........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami Property - Merely because property was acquired by father in the name of his son, that by itself would not make the father as owner of said property, particularly when there is no evidence on record that real owner was father - Moreover, in revenue record property stood in the name of son - First appellant..........
