Indian Penal Code, 1860, Section 304B -- 'Soon before' - Expression is pregnant with idea of proximity test - It cannot be said that the term 'soon before' is synonymous with the term 'immediately before' - Normally 'soon before' would normally imply that the interval should not be much between the cruelty or harassment concerned and the death in question - There must be..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Discovery of a new and important fact - Due diligence - Merely discovery of new and important fact is not sufficient for review - It must be established that necessary efforts to get such information prior to the passing of the order in question were made, and if so, what were the efforts...........
Evidence Act, 1872, Section 32 -- Dying declaration - To record dying declaration there is no prescribed manner or that it should in the form of questions and answers - Merely because a dying declaration is not recorded by a Magistrate, the same by itself, is not a ground to disbelieve the entire prosecution case - Effect of statement not recorded before Magistrate depends..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Guiding principles - (i) Court may at any stage of the proceedings allow either party to alter or amend pleadings in such a manner and on such terms as may be just, (ii) All amendments shall be made which are necessary for the purpose of determining the real question of controversy between the..........
Civil Procedure Code, 1908, Order 41,, Rule 27 -- Additional evidence - Oral family settlement subsequently reduced into writing - Plea of oral settlement taken in written statement before Trial Court - Whether oral settlement reduced in writing - Question of fact - Can be decided only after leading evidence...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 3, 4, 5, 7, Punjab Village Common Lands (Regulation) Act, 1961 -- Tenant vis-a-vis unauthorised occupant - Lease of Shamlat land - Eviction of unauthorised occupant of public premises - Gram Panchayat filed ejectment petition - Occupant of land claiming tenancy at will under Gram Panchayat -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Subsequent purchaser - Bona fide purchaser for consideration without notice - Question can only be decided when such applicants are allowed to lead evidence - Application allowed...........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 126 -- Insurance claim - Repudiation - Vehicle in question became stationary and immobile due to breakdown of axle - Hit by a vehicle even though it was in its extreme left of the roadside - Under second part of S.126, the vehicle was not in such a condition that it could not have been..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 11 -- Ad interim injunction - Dismissal of application U.O.7.R.11 CPC is not of much significance - Disputed questions of fact cannot be gone into while deciding an application U.O.7.R.11 but while passing an order on grant of injunction Court can take into consideration disputed..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Court to pass an order having regard to prima facie case, balance of convenience and irreparable injury - Finding on `prima facie case' is a finding of fact - Court while arriving at a finding of fact must arrive not only that a case for trial has been made out but also other factors requisite for..........
