Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by husband - Wife represented through power of attorney holder - Allegations were based on personal knowledge of wife - Information never transferred to attorney - Testimony of attorney could not stand to the test of cross-examination - Attorney was totally ignorant in material particulars of case - No..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Reply to replication - Right of defendant to deal with the averments made in the replication can be addressed by granting an opportunity to the defendants to file an additional written statement - Considering the fact that two additional documents have been filed later and referred to in the replication, defendant is permitted..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Plea of no, identifiability of disputed property - Neither said plea was taken by defendant in his written statement nor before first appellate Court - Such plea cannot be raised by defendants directly in second appeal - As regarding plea of no, service of notice to defendant is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 10 kg charas - Independent witnesses not supported the prosecution case - Statement of official witnesses also not reliable, cogent and credible as there are material contradictions in their statements which go to root of prosecution story - Prosecution failed to prove its case against accused..........
Evidence Act, 1872, Section 118 -- Child Witness - Child witness is certainly entitled to some latitude in appreciating his statement - Statement of child witness has to be scrutinized carefully to find out whether it receives corroboration from other evidence or not...........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix was less than 16 years at the time of occurrence - Statement of prosecutrix that she was subjected to forcible intercourse by accused found to be true and trustworthy - Merely because no injuries were found on the body of prosecutrix and no blood and semen was detected on the wearing apparels of prosecutrix, does..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Statement of one accused cannot be used as incriminating evidence against other co-accused - Purpose of S.313 is to enable an accused to explain incriminating circumstances against him - More so if statement is credibly explained, either accused is entitled to benefit or it can be used against him as a..........
Indian Penal Code, 1860, Section 324, 307, 454, 392, 397, 34 -- Offence u/ss 324, 307, 454, 392, 397, 34 IPC - Accused allegedly came to the spot with covered face, gave beatings to PW2 and pushed him down the bushes and decamped with money - Names of accused not mentioned in the statement of PW2 - Reason given by PW2 that he was under fear cannot be believed - PW2 has not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after filing of replication and before framing of issues - Amendment sought is thus at the initial stage of suit - It cannot be said that amendment sought is delayed - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Additional agreement executed between parties - Execution of said document denied by respondent - Genuineness or otherwise of said document is a matter of evidence - It cannot be said as to whether said document is a genuine document or a forged one - Amendment declined by holding that..........
