Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Cryptic and bare statement cannot be complete averments of cause of action - Requirement of law is that pleading should be of complete cause of action...........
Mohammedan Law -- Oral gift (Hiba) - Three essential conditions to validate the oral gift are : (i) There must be declaration of gift that is required to be established showing that donor, either in presence of witnesses or otherwise by public statement declared in making the gift; (ii) there must be acceptance of gift by done expressly and impliedly; and (iii) giving and..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Recasting of issue - Onus to prove shifted upon defendant after recasting of issue - No statement given by defendant that he does not want to lead any evidence in support of recast issue - Opportunity given to defendants to lead evidence in support of recast issue shifting onus to prove on him...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-filing of written statement - Filing of an application U.O.7.R.11 CPC does not mean that there is an automatic stay for filing of written statement...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Plea of fraud - Has to be proved like criminal charge - Sole serving statement carries no substance...........
Agreement to sell -- Specific performance - Plea of fraud - Defendant contended that agreement to sell is false, fabricated and is result of fraud - However, no particulars of fraud pleaded by defendant as required U.O.6.R.4 CPC - Vague plea of fraud raised by defendant supported by his sole serving statement carries no substance - Defendant failed to prove plea of fraud..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Medical report that injuries suffered not dangerous to life - Even injured himself disclosed at initial stage that he sustained injuries due to fall and said fact also finds mention in medical slip of injured - Statement of injured cannot be ignored and if this is taken into consideration prosecution story is full..........
Indian Penal Code, 1860, Section 448, 354 -- Offence u/s 448, 354 IPC - Prosecutrix in the ejahar (Report) as well as in her statement u/s 164 Cr.P.C. stated that rape was committed by accused - However, prosecutrix in her deposition did not say anything with regard to commission of rape on her by accused - Only allegation that was made was that accused sat upon her chest..........
Indian Penal Code, 1860, Section 302, 148, 201, 120B -- Murder - Weapon of offence - PW1 stated that she saw accused attacking deceased and it cannot be technically taken be stabbing or slicing - However, post mortem report of deceased states that most of wounds are deep cut wounds but same can be caused by a knife as stated by PW1 in her testimony - To this extent..........
Indian Penal Code, 1860, Section 304, Evidence Act, 1872, Section 25, 26 -- Offence u/s 304(Part I)PC - Confession - Death of three persons by consuming poison - Accused convicted on the basis of self incriminating statement recorded before police that she mixed alcohol with remnants of pesticide to commit suicide - Self incriminating part of statement of accused cannot be..........
