Will -- Execution - Role of scribe or identifying witness - Scribe or identifying witnesses cannot speak for attestors rather only attestors can speak for due execution of Will - In the instant case, though scribe and identified witnesses had witnesses the execution of Will by executant - But law did not allow them to speak about execution as there was no animo attestandi..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Merits of case are not to be adjudged at the stage of allowing or ejecting the prayer of amendment - At the same time, Court is not obliged to go into correctness or falsity of case of either side in amendment...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 10 days in filing appeal - Number of days of delay in filing appeal may be insignificant but where falsity underlines application it has to be dismissed in interest of justice to keep stream of administration of justice pure - Application rightly rejected...........
Indian Penal Code, 1860, Section 377 -- Unnatural offence - FIR lodged after delay of 4 days - No explanation given for such delay despite Panchayat held on next day of incident - Evidence available on record is only of interested witnesses that too without any corroboration from medical evidence - No injury found on body of victim - Suspicious circumstances divulged out..........
Suits Valuation Act, 1887 -- Defamation - Non-mentioning of present husband`s name in obsequies card - Obsequies card were printed in the name of first husband showing him as legal heir of deceased - However, intention of printing obsequies card is not to suppress remarriage or present husband's name but it was made to clear to relatives and friends as to whose last rites..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Mentioning of FIR number, Provision of law, at the top of consent memo and dissent memo - At this stage IO never new that accused was possessing any contraband or if so, which contraband, he was possessing - Mentioning of FIR number, offence etc. fortifies the contention of accused that these..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - It is plaint and plaint alone which is to be considered - In case plaint indicates a cause of action then falsity of the claim is a matter to be determined at the trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Plaint - It is mandatory on Court to allow all amendments which are necessary for purpose of determining real question in controversy between parties - At same time, Court is not obligated to go into correctness or falsity of case of either side in amendment - Court should not record any finding on merits of..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Quashing of summoning order - Prima facie commission of alleged offence disclosed from the statements of witnesses - Reason for delayed recording of statements is also disclosed in the daily diary report - Evaluation of truth or falsity thereof, would be possible only after evidence is recorded - Impugned order..........
Indian Penal Code, 1860, Section 376, 354 -- Rape and criminal intimidation - Accused can be convicted on sole testimony of prosecutrix - However, implicit reliance on sole testimony of prosecutrix can only be placed in event of testimony is credible and trustworthy - In order to gauge the testimony of prosecutrix on oath before trial court to unearth the truth qua the..........
