Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of appeal - Permissibility - Amendment of pleadings is permissible but memo of appeal does not fall within the meaning of pleadings in view of O.6.R.1 CPC which provides for plaint and written statement only to be part of pleadings - Application for conversion of appeal into revision cannot be treated as an..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Withdrawal of admission - Amendment sought at the stage when evidence was already over and case was fixed for hearing - Order rejection amendment application, upheld...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non filing - Court has jurisdiction to proceed U.O.8.R.10 CPC - However, orders are not required to be passed in mechanical manner in exercise of the powers contained in the said provision...........
Agreement to sell -- Specific performance - Ready and willing - Pleading - Vague statement in pleading that plaintiff was always ready and willing to pay the balance sale consideration and execute the sale deed - Absence of specific averment that plaintiff has been ready and willing to perform the essential terms of contract, which are to be performed by him - Absence of..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Disclosure statement - No independent witness associated at the time when disclosure statements were made by accused - Prosecution failed to prove that disclosure statements were made voluntary without any duress or coercion - Conviction cannot be based merely on..........
Evidence Act, 1872, Section 32 -- Dying declaration - 96% burn injuries - Four dying declarations - Two before relatives, one before Executive Magistrate and the last her statement recorded by police u/s 161 Cr.C.P. which now could be treated as dying declaration - In the dying declaration recorded by Executive Magistrate there is certificate of doctor before and after..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Disclosure statement - Recovery of knife, blood-stained clothes and ashes of burnt blanket - If accused gives a statement that relates to discovery of a fact in consequence of information received from him, it is admissible - Rest part of statement which does..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - No overt act except exhortation so as to indicate pre-meeting of minds between accused persons for committing offence - Even statement of injured witness as well as other witnesses do not establish incriminating facts to prove existence of a premeditated meeting of minds for formation of common..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and Negligent driving - Appeal against acquittal - All the eye witnesses turned hostile except PW10, son of deceased - PW10, in his statement before Court neither disclosed the number of bus nor the name of driver - But in FIR he stated the name of driver - There is material contradiction in the statement of PW10 -..........
Prevention of Corruption Act, 1988, Section 13(2) -- Illegal gratification - No clinching evidence on record that a demand was made by accused when trap was laid - PW3 and shadow witness did not make any categorical statement in this regard - Conviction of accused u/s 13(2) of Act is set aside...........
