Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was not only served the notice of civil suit but he participated till closure of evidence of both the parties - At the time of final argument `No instructions' was pleaded - No sufficient ground was shown for non-production of evidence despite six opportunities to defendant -..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Accused had given the dhariya blow on the head of PW6, which was a sharp cutting weapon which was recovered from accused - Endorsement by doctor in the history that injury was caused by accused as well as other witnesses testified on the particular date and time on the PW6 attack was made by Dhariya as well as..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151 -- Handwriting expert - Proof of handwriting, voice and signature - Document executed almost 40 years back - There is a huge gap of time that has passed for the purpose of comparison - Many changes must have definitely happened by efflux of time on physical conditions so far as defendants are concerned..........
Indian Penal Code, 1860, Section 354, 342, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Outraging modesty of woman - Time of alleged incident was mentioned at 1 pm in the FIR, whereas, brother of victim stated in his evidence that incident occurred sometime at around 10 am - Brother of victim did not utter a single sentence regarding alleged..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Not filed within time - Mere failure or neglect of a defendant to file written statement, in all cases, may not entitle him to a judgment in his favour unless by adducing evidence he proves his case/claim...........
Indian Penal Code, 1860, Section 498A, 506, 34 -- Cruelty - Allegation against accused that they harassed and ill treated wife for not fulfilling dowry demand - Evidence on record proved that at the time of marriage accused demanded and received sum of Rs.1,10,000 in cash and also several household articles - Testimony of wife is corroborated by testimony of PWs 1 to 4 -..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Allegation against accused as conspirator is based on extra judicial confession of co-accused - However, extra-judicial confession is a very weak piece of evidence - Confession of co-accused can be used only in respect of evidence and cannot be made foundation of conviction - Moreover, there..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - At the time of disposal of application for appointment of Commission the cause of action is not to be examined since burden of proof lies upon plaintiffs to prove their cause of action by evidence, which stage shall arise only, later...........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Offence u/s 4 of POCSO Act - Sole testimony of victim - Victim categorically stated in her statement u/s 164 Cr.P.C that neither accused nor any of his family member had assaulted her while she was with them - She has also not stated anything about subjecting her to sexual intercourse by accused when her..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Time barred suit - Reasons for delay in filing suit averred in plaint - Whether such reasons for delay in filing suit are correct/plausible or valid can only be decided after parties lead evidence - The same cannot be decided in an application filed U.O.7.R.11 CPC...........
