Criminal Procedure Code, 1973, Section 227 -- Discharge - While considering plea of discharge, Court cannot look into any document other than prosecution records either presented by accused or by any other means which do not form part of prosecution records...........
Mutation -- On basis of Will - Plea that Will should be proved first before getting the mutation entered - Despite knowledge Will not challenged - Mutation entry does not depict ownership but only certain facts qua land in question - Mutation rightly not interfered with by Single Judge...........
Service -- Regularization - Consistent performance of appellants over their long tenures solidifies their claim for regularization - Respondents did not raise any issues regarding competence or performance of appellants during their engagement - On the contrary, their services were extended repeatedly over the years, and their remuneration, though minimal, was..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Claimants have established their case that it was the truck which was involved in the accident with car wherein deceased was travelling - Specific plea of collusion as set up by insurance company not established - Death of deceased thus, caused by driving of truck by respondent no.2 in a rash and negligent..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of registered sale deed - Suit filed after 13 years of execution of sale deed - Plea of bar of limitation - High Court was not right in holding that limitation period commences from the date of registration itself - Judgment of High Court is unsustainable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Maintenance already granted to wife and children - Plea of husband that on account of losses in business, his income has substantially reduced or that recovery proceedings have been initiated is essentially a question of fact and it will not be prudent to accept or reject the same at this..........
Will -- Plea of fraud - Wherever the party opposing the Will raises any suspicious circumstance surrounding the Will, it is for propounder to dispel the same - In case, challenge is made to the Will pleading fraud, party pleading fraud needs to plead details thereof and to prove fraud beyond doubt...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Where Court finds that defendant's plea strikes of the root of case, there would be no hitch in asking him/her to prove such plea first which can lead to disposal of the case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Rent petition - Objection taken qua original landlord that he is not the landlord - Such objection holds good for his legal heirs - There is no need to incorporate a plea qua L.R's not being landlords - Application rightly dismissed...........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Sale deed - Permanent construction existing over plot in question - However, petitioner pleaded that such constructions were raised subsequent to execution of sale deed - Once such plea was taken by petitioner, burden shifts upon him as it is only petitioners who could have proved such fact - However, said permanent..........
