Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Power of Court is to decide whether plaint discloses cause of action or not - Finding as to truth or otherwise in the allegations made in the plaint based on the contention raised by defendant in the petition U.O.7.R.11 or in the written statement is unwarranted...........
Criminal Procedure Code, 1973, Section 311, 231(2) -- Recall of prosecution witnesses - Murder trial - Grounds urged for recall of witnesses pertain to illness of counsel who was engaged on behalf of defence and his inability to put certain questions and had not given certain suggestions and on change of counsel - However, prosecution had examined all the witnesses -..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Where the uncontroverted documents and circumstances create grave doubts about the truth of the prosecution case or make the prosecution story inherently improbable, merely because the witnesses during enquiry state in unison about the commission of alleged offences, the same cannot be accepted as making..........
Civil Procedure Code, 1908, Order 44, Rule 3 -- Indigent person - Inquiry as to - Unless the Government Pleader or respondent disputes the truth of statement in affidavit, no such inquiry into the question whether or not the applicant is an indigent person, is necessary...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Suit challenging sale deed - Plaintiff failed to prove the ingredients of O.6.R.4 CPC - It is hard to believe that plaintiffs were not aware of particulars of land agreed to be sold, as they stated to have received the sale consideration - A registered document carries even presumption of truth, if not challenged..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by wife - Allegation of immoral conduct of husband - Wife made a definite allegations against husband maintaining illicit relations with other women - These allegations are very serious since they constitute a blow to his character and moral standing and caused mental agony and pain to husband and his family..........
Evidence Act, 1872, Section 137 -- Cross examination - Aimed at eliciting truth and in the process, defence has every right to contradict the witness - But, if same is denied then the very object of cross examination will be defeated - Hence, defence has right to make every endeavor to impeach the credit of the witnesses as is permissible for truth to prevail...........
Criminal Trial -- Injured witness - Credibility of an injured witness is high as law presumes that such witness injured in same occurrence as speaking the truth - Mere because past enmity may have existed, injured witness evidence regarding second assault cannot be brushed aside...........
Revenue entries -- Mutation does not confer any right - Revenue entries are used only for fiscal purpose, though presumption of truth is attached to revenue entries, but same are rebuttable...........
Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 104 -- Conferment of proprietary rights - Proprietary rights qua suit land exclusively conferred upon defendant No.1 u/s 104(3) of Act on basis of affidavit filed by plaintiff in which he admits that he was not tenant with defendant No.1 - However, said right was obtained on illegal order passed by authority..........
