Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Prior to commencement of trial - Suit for recovery of possession, damages and perpetual injunction - Objection raised by defendant that suit is not maintainable without seeking declaratory relief - Amendment to plaint to include prayer for declaration of title becomes necessary for proper adjudication of..........
Indian Penal Code, 1860, Section 302 -- Murder - Death by poisoning - Circumstantial evidence - Deceased himself made no statement as to how he fell ill or what caused his death - Post-mortem report was inconclusive, cause of death was not found and uncertainty prevailed and matter was referred to FSL where it was shown to be carbamate insecticide (Baygon) - In absence of..........
Indian Penal Code, 1860, Section 395, 397 -- Offence u/ss 395, 397 IPC - FIR lodged after about 10 hours of incident without any explanation - Material contradiction between evidence of PW1 and PW2 with regard to breaking and non-breaking of doors of constructed room - Except appellants, other unknown dacoits covered their faces at the time of incident, which is highly..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Fake driving licence - Insurance company failed to bring out the absence of due diligence in employment of driver or entrustment of vehicle, to prove breach by insured - High Court had erred in finding that there was collusion between employer and employee merely for..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction simpliciter - Plaintiff not in possession but he did not claim recovery of possession - Relief must have been sought for declaration of title when contention of defendant was that he came into possession of property as a co-owner and then occupies it with absolute rights, making valuable improvements - Suit for..........
Stamp Act, 1899, Section 33, 38, 40, 42, 48, Registration Rules, Rule 107 -- Deficient stamp duty - Any document/instrument presented for registration must be scrutinized at the first instance regarding correctness of stamp duty paid - Once Registering Authority found insufficient stamp duty has been paid, he is duty bound to impound the document and send it in original to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430 -- Suspension of sentence during pendency of appeal - Murder - Applicant arrested due to recovery of utensil from kitchen in which food remains of poisonous food were found and recovery of empty wrapper of medicine - However, in the absence of any other incriminating material, recovery alone cannot form the basis of..........
Evidence Act, 1872, Section 102 -- Burden of proof - In a suit for declaration of title, recovery of possession and mandatory injunction, entire burden lies on plaintiff to prove his valid right and title and also title of his vendor...........
Specific Relief Act, 1963, Section 34, 39 -- Suit for declaration of title, recovery of possession and mandatory injunction - Advocate Commissioner visited the suit schedule property with Mandal Surveyor in the presence of both the parties and their counsels and Advocate Commissioner executed the warrant - Plaintiff not even identified his property in the presence of..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - When a decree for permanent prohibitory injunction is violated and JDs forcibly took possession of DH's property by violating decree, JDs may be expelled by Executing Court by exercising powers U.O.21.R.32 CPC - It would not be necessary for DH..........
