Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing recall application - Averments made in affidavit filed in support of application for condonation of delay in filing recall application as well as affidavit filed in support of such recall application, do not make out any sufficient cause either for condonation of delay of about 4 years or for recall..........
Indian Penal Code, 1860, Section 376, 313 -- Rape - Quashing of proceedings - Delay of more than 5 years in registering FIR - Complainant revealed that she and appellant lived for a long period as husband and wife - No material on record as per FIR and facts and circumstances of case that complainant had given her consent for sexual relationship with appellant under..........
Indian Penal Code, 1860, Section 198 -- False or fabricated certificate - Corruptly using the certificate is not sufficient - Accused must have knowledge that certificate is false - Allegation that certificate is false to the knowledge of accused must be proved by prosecution...........
Will -- Attestation - It is the propounder of Will, who has to prove its due execution - Mere proving the signatures of testator on the Will is not sufficient...........
Civil Procedure Code, 1908, Order 8, Rule 1, Limitation Act, 1963, Section 5 -- Written statement - Not filed within statutory period - Condonation of delay - It is not always the length of delay which is the governing factor while examining plea of condonation of delay - If sufficient cause is shown, then irrespective of length of delay, same can still be condoned...........
Indian Penal Code, 1860, Section 34 -- Common intention - For a person to be convicted u/s 34 IPC, there must be an involvement of two or more persons with common intention to commit the crime - Mere presence of accused at the scene of occurrence is not sufficient...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Valuation of suit and court fee - It is nature of relief claimed which becomes the basis for valuation of a suit - A suit is always to be valued on the reliefs as claimed - Market value of any property cannot be a decisive factor for valuation of suit - Since the relief..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Merely because plaintiff does not choose to implead a person is not sufficient for rejection of an application for being impleaded...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Minor nature of injuries is not sufficient reason to not frame a charge u/s 307 IPC...........
Evidence Act, 1872, Section 8 -- Motive - Motive has a bearing only when evidence on record is sufficient to prove the ingredients of offences under consideration - Without the proof of foundational facts, case of prosecution cannot succeed on the presence of motive alone...........
