Civil Procedure Code, 1908, Order 22, Rule 4 -- Substituted defendants - Additional written statement - A person made party U.O.22.R.4 CPC though is entitled to make any defence but such defence should be appropriate to his character as legal representative of deceased defendant...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substituted defendants - Additional written statement - No averments as to what defence was sought to be raised by defendants - Substituted defendants cannot be allowed to set up a new case under the garb of right vested in them by virtue of provision in O.22.R.4(2) CPC - Predecessor in interest of defendants had already..........
Criminal Procedure Code, 1973, Section 164 -- Statement of a witness u/s 164 Cr.P.C - Can be recorded more than once...........
Criminal Procedure Code, 1973, Section 164 -- Re-recording of statement of victim u/s 164 Cr.P.C - Earlier statement alleged to be made under coercion and not voluntary in nature - Direction issued to respondent No.1 to consider desirability of re-recording of statement of victim u/s 164 Cr.P.C...........
Arbitration and Conciliation Act, 1996, Section 8 -- Permanent prohibitory injunction - Appointment of arbitrator - Once a plea of existence of arbitration clause is taken in the written statement and the defendant persists with the same and objects to the jurisdiction of the trial court to proceed ahead with the suit, then the judicial authority is left with no discretion..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While determining an application filed U.O.7.R.11 CPC, Court should restrict itself to the plaint and should not go into the detail facts as provided under the written statement or even in the application filed for rejection of plaint - While scrutinizing the averments in the plaint, Court can read..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declarations - Deceased had given two statements which are totally different from her subsequent statements including statement made before Magistrate which is considered a dying declaration based on which appellant has been convicted - Where deceased has been changing her stance and has..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Murder - Entire case of prosecution is based on circumstantial evidence mainly on the Call Details Record (CDR) of wife of petitioner - Said Call details indicate that calls were made to the phone number of prime accused before and after the incident alleged in the FIR - Charge-sheet reveals that statement of wife..........
Indian Penal Code, 1860, Section 366, 376, 511 -- Offence u/ss 366, 376, 511 IPC - Compromise - Victim in her statement recorded u/s 164 Cr.P.C. has specifically deposed that she is in friendship with petitioner and she roamed with petitioner in Udaipur - She further deposed that petitioner did not commit any wrong act with her - No offence is made out against petitioner..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - S.156 Cr.P.C does not contemplate recording of preliminary statement of a complainant at the time of issuing a direction for registration of an FIR - In fact a direction in terms of S.156(3) Cr.P.C is issued at pre-cognizable stage...........
