Hindu Marriage Act, 1955, Section 13(1)(i)(a) -- Cruelty - Ground of divorce - Matrimonial court held that statement of appellant not to be relied upon in support of cruelty for want of complaint - This finding not sustainable...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Can be filed even after filing of the written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Contradictory plea - Defendant can raise inconsistent pleas to defeat the rights of the plaintiff - Amendment cannot be rejected merely on the ground that the plea raised in the counter claim is contradictory to the plea raised in the written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought in respect of certain documents, rent receipts, challan etc. which are already on record - No additional evidence required in respect of the amendment - Amendment only an elucidation of fact already averred in the written statement - Amendment allowed...........
Criminal Procedure Code, 1973, Section 164(4) -- Confession - Manner of recording - Held, S.164(4) of the Code mandates that Judicial Magistrate shall make a memorandum at foot of record of proceedings that he did explain to accused that he was not bound to make a confession and that if he did so, any such confession he made would be used as evidence against him - Further,..........
Civil Procedure Code, 1908, Order 19, Rule 3 -- Evidence by way of affidavit - Affidavit containing portions which are not admissible in law such as statements of law or contains statements of such fats, which are hearsay or contains such statements which are argumentative in nature - Affidavit not to be rejected - Appropriate course is that statement inadmissible in law..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Contributory negligence - Scooter of deceased hit by mini bus of Institute in the private premises of institute - Independent eye-witness who is police posted at place of incident is public officer whose testimony can be accepted - As evidence on record and statement of witness, accident occurred due to..........
Arbitration and Conciliation Act, 1996, Section 8 -- Arbitration - Matter can be referred to arbitration only when all the conditions stipulated in the provision are satisfied - Matter before Court and arbitration agreement must be the same - Application should be made before the party making the same submits his first statement on the substance of the dispute -..........
Indian Penal Code, 1860, Section 302, 34, 376(2)(g), 377, 201 -- Rape and murder - Statement of two eye witnesses recorded after 9 days though these witnesses met the police and father of the deceased frequently and the police was throughout with them - Explanation for delayed recording of statement of two eye witnesses found not plausible - Accused acquitted - Held,..........
Criminal Procedure Code, 1973, Section 161 -- Unjustified and unexplained long delay on part of investigating officer in recording statement of material eye-witness, u/s 161 Cr.P.C, during investigation of murder case will render evidence of such witness unreliable - Because the delay would give an opportunity to concoct a different version than what actually took place...........
