Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 3 -- Murder - Delay of almost 15 days in recording statement of witness - No explanation has been given for delay in recording statement - Conduct of witness is also found u, natural inasmuch as form date of incident i.e. 06.05.2012 till 21.05.2012, witness did not narrated incident to any person - In..........
Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 3 -- Murder - Witness was 16 years old when his evidence was recorded - Witness evidence was recorded about one year and four months after incident - Evidence show that witness was minor at time of incident and as he was frightened, he did not go to graveyard for attending funeral - Look at all these facts,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought at the stage when evidence of plaintiffs was yet to start - Nature of suit was also not going to be changed nor any other alleged accrued right in favour of defendants was likely to be prejudiced - Amendment sought to avoid multiplicity of litigation between parties - Moreover, an..........
Indian Penal Code, 1860, Section 392, 506, Evidence Act, 1872, Section 114 -- Robbery - Non-examination of material witness - Adverse inference - Complainant failed to produce his son as witness in presence of whom accused looted Rs.22,000 from him - Adverse inference has to be drawn against complainant - Moreso, contradictions were shown in the statement of eye witnesses..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within 90 days - Striking off defence - O.8.R.1 CPC being procedural is not mandatory - It does not impose embargo on powers of Court to extend time, especially in the circumstances, when no penal consequences have been provided - Application allowed subject to payment of cost of Rs.1 lakh...........
Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 105 -- Insanity - Burden lies on accused to prove plea of insanity - Merely by saying about mental status of a person without any document to substantiate the same cannot be said to be proved for the purpose of accepting the plea of insanity - Oral statement must be supported by documentary evidence...........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. - Not a substantive piece of evidence and can only be used to corroborate or contradict the evidence...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Court has discretion to allow defendant to file written statement even after expiry of period of 90 days, in case, exceptional grounds are there...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Defence struck off on the ground that written statement not filed inspite of availing various opportunities though period of 90 days has not expired - Court has discretion to allow defendant to file written statement even after expiry of period of 90 days, in case exceptional grounds are there - Impugned..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - Specific averments on record that tenants were evicted from premises but were re-inducted and permitted to stay for a short while in suit premises for marriage of their daughter - However, tenants refused to vacate premises thereafter and no rent has been paid - Said specific averments not denied by..........
