Criminal Procedure Code, 1973, Section 311 -- Examination of witnesses - Cannot be refused on the ground that such witness was not examined during investigation or his name is not included in the list of witnesses when production of such evidence is essential for just decision of the case...........
Specific Relief Act, 1963, Section 16(c) -- Specific performance - Readiness and willingness - Agreement admitted but plaintiffs failed to prove their readiness and willingness, as no explanation has come forth in filing suit so late, which is an essential ingredient of s.16(c) - No illegality and perversity in judgment and decree - Appeal dismissed...........
Will -- Two essential characteristics of a Will are that: (i) it is intended to come into effect only after death of testator and; (ii) it is revocable at any time during the life time of testator...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Material facts - It is essential that all basic and primary facts which must be proved at the trial by the party to establish the existence of cause of action or defence are `material facts' and must be stated in the pleadings by the party...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - If additional evidence is essential for just decision of case, it can be allowed at any stage of the suit - There is no hard and fast rule that additional evidence cannot be permitted in any eventuality after closing of evidence by defendant and at the stage of rebuttal evidence...........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 1 -- Plaint - Cause of action - Plaint shall mention as to when cause of action arose - A separate para need not be couched - It has to be ascertained by reading the plaint as a whole as to whether there is cause of action or not - Cause of action is bundle of essential facts and even a part of cause of action from..........
Tender -- An essential condition of a tender has to be strictly complied with...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - If a spouse abandons the other spouse in a state of temporary passion in anger or disgust, without intending permanently to cease cohabitation, it will not amount to desertion, as quality of permanence is one of the essential elements which differentiates desertion from wilful separation...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Two conditions have to be fulfilled to remand a case i.e : (i) if reversal of decree is essential; and (ii) whether retrial was necessary - Merely on establishing any one of conditions mentioned above, an appellate Court shall not remand a case to Lower Court, as these twin conditions are conjunctive and not..........
Criminal Procedure Code, 1973, Section 31 -- Two - essential ingredients of S.31 Cr.P.C., are.: (i) a person is convicted at one trial; (ii) trial is for two or more offences...........
