Civil Procedure Code, 1908, Order 7, Rule 10A -- Return of plaint for presentation to proper Court - If plaint presented in proper Court after its return is a new plaint, defendant has every right to file a new written statement even though he had filed a written statement in Court which returned the plaint - But it is not necessary for him to file a new written statement..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After commencement of trial - Permissibility - Trial already commenced and case fixed for plaintiff's evidence - Proposed amendment amounts to withdrawal of admission made in favour of other party which is not legally permissible - Amendment declined - Order upheld...........
Indian Penal Code, 1860, Section 376(2)(f), Evidence Act, 1872, Section 6, 8, 157 -- Rape - Res gestae - After incident victim rushed to her house and immediately disclosed incident to her parents and brother - Statement made by victim was contemporaneous to acts immediately done to constitute offence - Such acts forming same transaction, proximity of time, continuity of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought to incorporate the fact that tenant does not deny the relationship of landlord and tenant which she earlier denied in her written statement - Landlord has no objection to the said amendment, but only that this is to delay the proceedings - However, tenant..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 5, 16, 27A, 61, 85, Indian Penal Code, 1860, Section 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 439 -- Regular bail - Recovery of 4400 kgs poppy husk - Petitioner neither apprehended on spot nor any recovery effected from his person - Petitioner implicated on basis of disclosure statement of..........
Criminal Procedure Code, 1973, Section 162 -- Statement to police - S.162 Cr.P.C. bars prosecution from relying on statement of an accused, not evidence relating to accusing conduct before, at the time of occurrence and thereafter, divulged and disseminated by accused when confronted or questioned by police officers...........
Evidence Act, 1872, Section 27 -- Disclosure statement - Recovery of dead body of deceased at the behest of accused considered to be weighty and incriminating evidence of considerable probative value, specially when deceased is missing and his whereabouts are unknown...........
Evidence Act, 1872, Section 27 -- Disclosure statement - Leading to discovery of fact in one case is relevant u/s 27 of Act, and admissible, even though it has been made during the investigation in another case...........
Evidence Act, 1872, Section 74 -- Admission of a party in prior statement in judicial proceedings - Certified copy thereof - Admissible in evidence u/s 74 of the Act...........
Evidence Act, 1872, Section 21 -- Admission of a party in prior statement in judicial proceedings - Held, such admission is admissible...........
