Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Court cannot permit an amendment which seeks to withdraw or nullify an admission already made or introduces a defence which is mutually destructive of earlier pleadings...........
Indian Penal Code, 1860, Section 302, 148, 149, 34 -- Murder - Major contradictions in deposition given by informant - Material contradictions in deposition of informant regarding the manner in which incident took place and with regard to which information about the incident was given by her grand daughter - Independent witnesses did not support the case of prosecution -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Rent proceedings - Amendment sought by respondent does not change nature of petition nor does it cause any prejudice to tenant that cannot be compensated by granting opportunity to file an additional written statement - Contention that two rent petitions have been filed for same premises also does not..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Complaint merely states that a vehicular accident occurred without identifying offending vehicle - Spot mahazar was admittedly prepared several days after accident - In absence of any eyewitness to accident, there is nothing to indicate basis upon which it was drawn up or on whose statement formed its..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case on the ground of bias - General statement to the effect that concerned Court is doing favour to other side, is not sufficient for purpose of establishing any bias...........
Civil Procedure Code, 1908, Order 21, Rule 43 -- Execution - Attachment of proceeds of movie - JD has not made any sincere attempt to settle decree amount - He is borrowing time by filing counter statement or by giving undertakings - Even one time settlement recorded by High Court also not utilized by JD - JD thus, not entitled for any leniency - Execution Court rightly..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(g), (s) -- Offence u/s 3(1)(g), (s) of the Act - Quashing of FIR - No allegation that casteist slur was made in a place within public view or that there was any member of public present at the spot - In any event, allegations in First Information Statement itself are found to be..........
Indian Penal Code, 1860, Section 302, 300Exception, 1 -- Murder - Autopsy report reflects that deceased was inflicted with four knife blows on vital parts of his body - Injuries found on body of deceased in ordinary course would have resulted in death - No defense evidence was led and statement of petitioner u/s 313 Cr.P.C. was one of denial - There was no statement that..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- (Criminal Procedure Code, 1973, S.311) - Recalling of witness - Recall of a witness at concluding stage, i.e., after cross-examination and even after recording of statement u/s 313 Cr.P.C. would cause prejudice to accused and is opposed to principles of fair trial...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), Indian Penal Code, 1860, Section 354, 323 -- Offence u/s 3(1)(xi) of SC/ST Act and Ss.354, 323 IPC - Victim has not stated that A-2 committed alleged offence only because of victim being a member of SC - No such statement was even made by PW2 - Defence has been successful in..........
