Indian Penal Code, 1860, Section 364, 377, 302, 201, 34 -- Kidnapping of child - Unnatural offence - Murder - Circumstantial evidence - Plea of animosity between complainant and accused - Accused took an after thought defence of animosity between parties which resulted in the murder of deceased - Said defence is not proved rather it is unfounded - They denied the fact of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Plaint - Subsequent events - Having material bearing on the rights of parties - Proposed amendment is relatable to original suit and continuity of plea in the suit which would be having effect of elaboration of stand of parties at a subsequent stage - Proposed amendment was just and proper in order to enable the..........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 14(2) -- Arbitral award - Setting aside - Condonation of delay - Delay of 296 days - Plea of petitioner that Project Implementation Unit at Nagpur mistakenly filed petition u/s.34 of the Act in Yavatmal where project was implemented, where Court held that it has no jurisdiction - Petitioner..........
Civil Procedure Code, 1908, Section 151, 153, Order 13, Rule 4 -- Exhibiting of documents - Documents not exhibited due to lack of proper care - Documents were already on record - Plea that exhibiting such documents amounts to filing fresh documents which is not permissible - Objection is technical only which hampers administration of justice - Documents already on record..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Original suit is for permanent injunction - Plea for introducing suit for separate possession by way of partition by metes and bounds would be totally separate cause of action and that would change nature of suit - Petition dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to raise plea of separate possession - Such plea for separate possession by way of partition by metes and bounds is totally a separate cause of action which will change nature of suit - Application rightly dismissed...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Property dispute - Identity of accused - Place of occurrence at a distance of 300 sq. yds from concerned Police station, as per FIR - However, it is no where stated that eye witnesses to incident had seen the occurrence from a distance of 300 sq. yds. - Plea that it was impossible for witnesses to see occurrence clearly..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Non-examination of first informant/chowkidar - Defence not elicited either the number and time of station diary entry nor time when chowkidar allegedly gave information whose substance was entered in some station diary entry - Name of chowkidar even not elicited - In such situation it was not possible to examine..........
Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Suit for declaration of tile - Plea that auction sale is not binding on ground of fraud - Remedy for setting aside sale on ground of irregularity or fraud is by way of filing application U.O.21.R.90, S.47 CPC and not by filing a civil suit...........
Indian Penal Code, 1860, Section 376(g), 392, 34 -- Gang rape - Testimony of prosecutrix - Prosecutrix contradicted herself regarding the whole incident - Her conduct during alleged ordeal is also unlike a victim of forcible rape and betrays somewhat submissive and consensual disposition - More so, from the nature of exchanges between her and accused persons as narrated by..........
