Evidence Act, 1872, Section 112 -- DNA Test - Partition suit - Defendant No.1 disputes the parentage of defendant No.3 despite evidence of PW2/mother - Directing for DNA test of child on the face of admission of mother would be an insult to her motherhood and against the law enumerated in S.112 of Evidence Act - Application fort DNA test rightly dismissed...........
Live-in-relationship -- Girl who is major is free to live with married man with whom she had eloped - There is no law that prevents her from living along with said person - Since she declined to stay with her parents, police is requested to release girl/corpus after taking an undertaking from her that she is going to live with person of her choice and also take an..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Pre-trial amendment be granted liberally unless it causes serious prejudice to interest of defendant, in as much as, such amendment sought for is either time barred, barred by law, change the nature of suit or cause serious prejudice to interest of opposite party...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Publication of summons in a newspaper other than a daily newspaper is a violation of requirement of law and therefore cannot be termed merely as an irregularity in service of summons...........
Mutation -- Law as to - (i) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (ii) Mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from person recorded; (iii) They neither extinguish nor create title; (iv) mutation in revenue records does not have any presumptive value..........
Indian Penal Code, 1860, Section 376(2)(f), 377, Evidence Act, 1872, Section 106 -- Rape - Last seen evidence - Failure of accused to provide plausible explanation regarding intervening raises strong suspicion, but in absence of evidence connecting accused with commission of offence u/Ss. 376(2), 377 IPC renders his conviction u/Ss. 376(2)(f), 377 IPC unsustainable in eyes..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Provision of O.7.R.11 CPC is mandatory as Court has to reject plaint in case on a meaningful reading of plaint, it is found that suit does not disclose right to sue, a cause of action or suit is barred by any law...........
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Offence u/Ss.304B, 498A, 34 IPC - Discharge - Post-mortem report on record suggested that deceased died due to pneumonia - Further, complainant failed to provide any specific incident of harassment of deceased and any date or proof of giving money to accused - Moreover,..........
Malicious prosecution -- Suit for damage - Every acquittal is not a consequence of malicious prosecution - Law provides for compensation for malicious prosecution and not for wrongful or uncalled for or failed prosecution - Civil Court has to conduct an independent enquiry - Grounds of acquittal cannot constitute sole reason for grant of a decree in favour of plaintiff...........
Caste certificate -- Validity - Pre-Independence document certifies that appellant's grandfather belongs to Koli Mahadev Tribe - Greater probative value thus, ought to be given to said document - However, on basis of presumptions and assumptions said document has been disbelieved - Order of Scrutiny Committee invalidating appellant's caste claim as well as impugned..........
