Civil Procedure Code, 1908, Order 6, Rule 17 -- No specific reply in written statement to the averments set up in plaint to the effect that who had received payment of amount of compensation - Replying defendants are coming up with specific plea that aforesaid amounts were in fact received by some another person in his personal capacity and his such act does not bind the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Specific admission - Application for amendment - Held, amendment which totally takes back admission earlier made cannot be permitted simply for the reason that it amounts to a vested right having been created in favour of plaintiff...........
Evidence Act, 1872, Section 3 -- Police witnesses - Evidentiary value - There is no principle of law that a statement made in Court by a police personnel has to be disbelieved - Court cannot assume that every statement of a policeman is necessarily false...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 177 -- Office u/ss 498-A, 406 IPC - Jurisdiction - Statement of complainant that she and her husband were having dowry items jointly at Delhi - Not a case that dowry articles were entrusted to husband at Kota - Wife was beaten at Delhi and her dowry articles were retained at Delhi and not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Summoning order - Quashing of - While passing summoning order Magistrate has fully relied upon affidavit filed by complainant and no statement was recorded u/s 200 CrPC - Held, Court below has not followed procedure of S.138 N.I. Act while summoning applicant u/s 138 N.I. Act by recording..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Ground of mental cruelty and desertion - Wife left the matrimonial home of her own free will - Wife never tried to contract the husband or made effort to meet the children to find out their welfare - Wife never sought the custody of children - Statement of children that their mother had been visiting..........
Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Indian Penal Code, 1860, s 34, 302 & 341 -- Dying declaration - Corroboration - 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 should..........
Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Indian Penal Code, 1860, s 34, 302 & 341 -- Dying declaration - Principles to be kept in view while dealing with a case of dying declaration : (i) Dying declaration can be the sole basis of conviction if it inspires the full confidence of the Court; (ii) The court should be..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Counsel made statement giving concession to opposite party, on behalf of his party - Decree passed on basis of such statement - Party contended that counsel made statement without obtaining instructions - But no material to substantiate this contention - Held, though counsel is not debarred from making statement on behalf of..........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Counsel duly authorised by Vakalatnama - Counsel is empowered to continue on record until the proceedings in the suit are duly terminated - Counsel, therefore has power to make statement on instructions from the party to withdraw appeal...........
