Indian Penal Code, 1860, Section 376(1), 450 -- Rape - Sole testimony of prosecutrix - Material contradictions found in testimony of prosecutrix - Even the manner in which alleged incident has taken place as per version of prosecutrix is not believable - Medical report and FSL report does not support case of prosecution - Land dispute between parties is going on - There is..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitration - Arbitration agreement - Court at the outset to consider as to whether document is properly stamped or not - Even when an objection in that behalf is not raised, it is duty of Court to consider the issue - If Court comes to conclusion that instrument is not properly stamped, it should be impounded and..........
Civil Procedure Code, 1908, Order 13, Rule 8 -- Impounding of document - Deficiency of stamp duty - To be decided before proceeding further - However, in case evidence is required to determine nature of document, it is reasonable to defer admissibility of document for insufficient stamp duty at the time of final decision in the suit...........
Constitution of India, 1950, Article 226, Evidence Act, 1872, Section 115 -- Selection procedure - Glaring illegalities going against Rules - Principle of estoppel by conduct or acquiescence - Have no application...........
Court Fees Act, 1870, Section 7(v)(e) -- Court fee - Suit for declaration that registered exchange deed be declared illegal, null and void and result of fraud and also seeking possession of one of the suit properties - Court fee ad valorem on the market value is payable on the property of which possession is sought - As no market value is stated in the plaint as such Court..........
Stamp Act, 1899, Section 40(2) -- Impounding of document - Once a certificate is issued by Collector u/s 40(2) of the Act, it shall be conclusive evidence of matter stated therein...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Parties should be given sufficient opportunity to produce all required evidence in support of their respective claims - Though documents are required to be produced at the trial of matter and preferably before settlement of issues - However, in order not to deny opportunity to parties,..........
Evidence Act, 1872, Section 3 -- Contradiction between medical evidence and ocular testimony of sole eye witness - Murder case - When medical evidence is contradictory to ocular testimony advanced by sole eye witness, non-production of seized weapon and examination report as to whether that weapon had contained any blood stain is potential to make a dent in credibility of..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of sole eye witness - Contradiction between medical evidence and ocular testimony of sole eye witness - Prosecution failed to provide any corroboration from any other source - Sole eye witness is not reliable - In such circumstances, absence of motive creates a dent - Accused has not attempted to maintain secrecy,..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of pleadings - Suit for eviction - Whereever amendments are substantive or Court comes to a conclusion that effort is to delay disposal of application Courts would be justified in dismissing the petitions - Further, there can be cases where tenant with a view..........
