Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court at the stage of considering application U.O.7.R.11 CPC is not concerned with correctness of averments, except to state that plaintiff has to discharge the burden of proving his case...........
Mutation -- Writ petition against order passed in mutation proceedings cannot be entertained in complete absence of any exceptional circumstance and availability of efficacious alternative remedy before competent civil Court...........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Where witnesses are found to be neither completely trustworthy nor entirely unreliable, Court must make a careful effort to ascertain true origin of incident...........
Criminal trial -- Whenever any doubt emanates in the mind of Court benefit shall accrue to accused and not the prosecution...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 25 -- Concurrent running of sentence - Presumption u/s 31 Cr.P.C. that sentences shall run consecutively if not explicitly specified to run concurrently have been omitted u/s 25 BNSS - Therefore, when trial Court does not mention that sentence would run concurrently or consecutively, prima facie benefit should be given to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Law as to : (i) Court to consider averments made in plaint and documents filed in support of plaint; (ii) No part of defence or documents filed by defendant can be looked into; (iii) averments made in plaint has to be taken as truth and Court cannot proceed on the premise that averments are false; (iv)..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Plea of adverse possession - Appellate Court cannot entertain a plea of adverse possession first time raised during appeal and cannot record its finding, where no issues were framed and no evidence was led at the stage of trial...........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of panch witnesses of recovery of clothes of appellant as well as victim - Signatures of panch witnesses were obtained on written paper at the instance of police - Said witnesses had no occasion to go through contents of said panchnama - Thus, High Court has committed an error while placing reliance upon stains of..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Merely because prosecutrix has levelled allegations against appellant in FIR and I.O. has deposed before Court with regard to contents of FIR, it cannot be presumed that allegations levelled in FIR are true and correct unless same is proved during course of trial by leading cogent evidence -..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Issuance of possession warrant - Relief of possession is in built in decree for specific performance of contract - Executing Court has not travelled beyond decree by issuing possession warrant...........
