Election -- Election petition is to be decided on the basis of evidence available on record as may be led by parties - There is no scope of filing up of lacuna in proceedings relating to election petition - High Court committed error by remanding matter for taking fresh evidence, as such sweeping directions to call for witnesses and expert evidence cannot be passed when..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Specific plea regarding cause action has been raised by plaintiffs - Whether said plea is factually correct or not, cannot be decided at the stage of O.7.R.11 CPC - Same definitely is a matter to be decided after evidence been led qua the same - Application rightly rejected...........
Evidence Act, 1872, Section 3 -- (Bharatiya Sakshya Adhiniyam, 2023, S.2) - Document - When a document is relied upon, entirety of document must be seen as relied upon - A part of it for purpose of canvassing allegation and rest rejected is not permissible in law of evidence...........
Evidence Act, 1872, Section 3 -- (Bharatiya Sakshya Adhiniyam, 2023, S.2) - Suppressing financial details in affidavit - Held, suppression is not or cannot be said to be a false statement...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - At the stage of taking cognizance and issuing process, Court is only required to see whether a prima facie case is made out on the basis of material available on record and not to conduct a detailed examination of evidence as would be done during trial...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Accused cannot be permitted to present evidence-in-chief by way of evidence as per S.145 of the Act...........
Indian Penal Code, 1860, Section 302 -- Murder - Appeal against acquittal - Deceased allegedly died due to head injury - However, there is complete lack of any evidence on the part of prosecution to demonstrate the manner in which accused had allegedly committed murder of deceased - Findings of acquittal of accused of charge u/s 302 IPC cannot be reversed - Acquittal..........
Evidence Act, 1872, Section 45, 112 -- DNA test - Paternity of children - Divorce proceedings - Husband disputes the paternity of children in order to prove that wife is in adulteration - Children are not party to divorce proceedings and are not claiming any maintenance from father - In order to prove that wife is in adulteration, husband has to adduce evidence in any..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Delay of 10 years in filing application cannot be made as a ground for dismissal petition, if it is found that appointment of commissioner would aid in appreciating evidence in proper perspective and that it is not filed for the purpose of gathering evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Advocate commissioner cannot be appointed to note down as to who is in possession and enjoyment of property or for gathering evidence...........
