Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment at appellate stage - Fact within knowledge at the stage of pendency of suit in the trial Court - Cannot be introduced by way of amendment during pendency of appeal...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment sought at appellate stage - Appeal cannot be decided without deciding the interlocutory application for amendment of written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment at appellate stage - Courts are liberal in allowing an amendment to the written statement as it does not involve effacing an admission or had no bearing on the law of limitation - It would only be appropriate to allow such an amendment so that there is proper basis on which the Court would render..........
Indian Penal Code, 1860, Section 302, 307 -- Order of acquittal - Significant contradiction in the matter of number of injuries, time of occurrence, place of occurrence, sequence of events, the manner of identification of the accused, lack of motive and false implication of one `M' - Witness made vital contradictions in his FIR vis-a-vis the supplementary statement..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Statement of Bank Official that cheque in question was not issued by their branch - No reliance can be placed thereon when cheque is dishonoured with endorsement `Refer to drawer'...........
Essential Commodities Act, 1955, Section 7 -- Spurious cement - Recovery of 90 bags - Driver of vehicle from which bags were recovered stated that on the day of recovery none came to him to hire the said vehicle - No cement was loaded in the said vehicle on that day and cement was not recovered from the vehicle in question - He deposed that his signatures were obtained on..........
Evidence Act, 1872, Section 3, 137 -- Witness - Departure from prosecution story - Reliability of - Held, when all witnesses support prosecution case, but except one, prosecution story cannot be demolished only on statement of one witness who makes departure from prosecution case and that too only in cross examination...........
Indian Penal Code, 1860, Section 363, Guardians and Wards Act, 1890, Section 17 -- Kidnapping of minor girl - Claim of custody of girl - Accused allegedly illegally detaining daughter of complainant who is aged 15 years - Statement of girl that she is 20 years old and voluntarily cohabiting with accused since last 5 months - As per evidence, girl is in her family way,..........
Indian Penal Code, 1860, Section 300, 149 -- Unlawful Assembly and murder - Appreciation of evidence - Name of one of the accused did not find mention in the FIR - However, her name was mentioned by the deceased in the statement made to the police recorded on the next day and also in the dying declaration - Other eye witnesses stated that the accused whose name was omitted..........
Evidence Act, 1872, Section 3 -- Unlawful assembly and murder - Appreciation of evidence - Deceased mentioned name of the assailants in the FIR and about their participation in crime - She did not mention about the arms carried by them - She mentioned such fact in the police statement recorded on the next day - In such circumstances, non mentioning about the arms carried..........
