Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Chance trap - Trap laid in anticipation of a possible demand by some policemen on highway from some drivers - Said trap was laid pursuance to some complaints - However, there are no details of such complaints - Laying of chance trap in this manner raises suspicion - Evidence shows that accused..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non-filing - Striking of defence - Provision of O.8.R.1 CPC is directory and not mandatory - Impugned order of striking of defence set-aside - Defendant granted one week's time to file the written statement...........
Will -- Proof - Execution and registration of Will proved in accordance with law - After death of testatrix, property mutated in the name of beneficiaries of Will - There is no challenge to the Will by way of counter claim, though it has been specifically challenged in written statement - Defendants failed to substantiate that registered Will was suffering from suspicious..........
Evidence Act, 1872, Section 23 -- Admission - Made by a party is a substantive piece of evidence by fact, which was duly admitted during course of civil Court decrees passed in which defendants themselves were beneficiaries - Such admission is always admissible in evidence irrespective of whether party making the same appears in witness box or not or whether such party..........
Evidence Act, 1872, Section 32 -- Dying declaration - Court has to weigh all the attending circumstances and come to independent finding whether it is voluntary and truthful and if on careful scrutiny, Court is satisfied that dying declaration is true and free from any effort to induce the deceased to make a false statement and if it is coherent and consistent, there..........
Evidence Act, 1872, Section 32 -- Dying declaration - Death by burning - 75% burn injuries - Doctor who examined deceased stated that deceased was properly examined before recording statement and was in a fit state of mind to give statement - Deceased stated all the facts consistently which is proved on record - Moreover, there is substantial corroborating evidence to..........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by SDM - Signatures by doctor - Not mandate of law that doctor should sign dying declaration before it can be accepted - MLC of deceased certainly mentions and records certification of a doctor that patient was fit to make a statement...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness for cross-examination - Counsel for accused could not cross-examine compliant despite opportunity granted for several dates - No explanation for the same - Even when right to cross-examination was closed and case was fixed for recording statement of accused u/s 311 Cr.P.C., accused failed to appear before..........
Civil Procedure Code, 1908, Order 18, Rule 4, Evidence Act, 1872, Section 137 -- Affidavit of examination-in-chief - Bald statement that everything written in plaint is correct - Even there is no reiteration of statements made in plaint - There is no requirement at all for the defendant to cross examine him on those issues...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement - Amendment sought for setting up counter claim - However, application for amendment and counter claim filed after five years of framing of issues - Sufficient explanation not given for such long delay - Moreover, said application is filed with..........
