Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Multiple dying declarations - Written dying declaration recorded by Doctor implicates accused - However, oral dying declarations made before PW6 and PW1 implicates her father-in-law - When there are multiple dying declarations and contents of incriminating dying declaration appear to be an..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After framing of issues - Amendment sought to challenge the Will - Will in question came to knowledge of plaintiff only after written statement was filed - Proposed amendment would be necessary for determining real question in controversy - Application allowed subject to payment of Rs.30,000/- as costs...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - Writing on cheque of three different persons and cheque appears to be filled thrice by different persons using different inks - Figure `7' prefixed to the figure 5,000 to read it as 75,000 - Figure 75,000 written with two different inks - Once it is established that there was..........
Civil Procedure Code, 1908, Order 1, Rule 13 -- Non-joinder of a party - Objection as to - Defendant failed to satisfy Court that objection regarding non-joinder of a party was taken by them in written statement or at earliest possible opportunity - Objection raised by defendants not tenable in view of O.1.R.13 CPC...........
Prevention of Food Adulteration Act, 1954, Section 19(2) -- Sample of pan masala - Protection available to vendor - Vendor sold the packed item after purchasing the same from manufacturer having a written warranty as prescribed under the Act and Rules - He had protection available u/s 19(2) of the Act - Nothing was pointed out to show that manufacturer, distributor or..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Documents sought to be produced not filed alongwith written statement as it was misplaced and was traced out recently - Lenient view should be taken when an application is made for production of documents U.O.8.R.1-A(3) CPC - Application rightly allowed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Illegitimate relationship of wife with two persons - Husband alleged that there were two eye witnesses to the illegitimate relationship of wife - However, husband has not chosen to examine any one of them - Even the letters written to wife by one `J' is not placed on record - Except the pleading..........
Indian Penal Code, 1860, Section 419, 420 -- Cheating - Accused impersonated his brother and obtained employment - However, brother of accused had died and appointment order was issued to him - Accused continued to work in office knowing fully well that appointment letter was issued to his brother - Apology letter written by accused to Department concerned corroborated..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Defendant after filing written statement cannot be allowed to file counter claim separately except with permission of Court...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Written statement jointly filed by defendants No.4 & 7 - On the same date they filed counter claim alongwith defendants No.1 to 3 - Defendants No.1 to 3 had already filed their written statement and thus forfeited their right to file counterclaim without permission of Court - Counter claim so far as it relates..........
