Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Does not constitute substantive evidence - These parades are governed by S.162 Cr.P.C. and procedural law does not oblige investigating agency to necessarily hold a TIP nor there is any provision under which accused may claim a right to holding of TIP...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Decree of divorce in favour of husband and dismissal of application for restitution of conjugal rights - Appeal by wife - Husband alleges that wife used to abuse his mother and grandmother and did not want to do household work - However, no evidence produced by husband to substantiate such allegations - No criminal action..........
Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Order 9 -- Defendant proceeded ex parte - Such defendant has right to cross examine witnesses of plaintiff, where evidence of plaintiff had not concluded...........
Evidence Act, 1872, Section 108, Railway Services (Pension) Rules, 1993, Rule 9, Railway Service (Conduct) Rules, 1966, Rule 21 -- Burden of proving that person is alive who has not been heard of for seven years - Second Marriage - Husband admitted that husband did second married on ground that first wife left seven years ago and it was presumed that she died - No scope..........
Civil Procedure Code, 1908, Order 18, Rule 5, 6, 7, 8, 9, 10, 11, 12, 13, Civil Procedure Code, 1908, Order 50, Madhya Pradesh Accommodation Control Act, 1961, Section 23C -- Rent and eviction - Proceedings before RCA under Ch.III-A of the Act are summary in nature where application of CPC is limited to extend provided u/s.23C of the Act - Procedure to be adopted is akin..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - No evidence led by husband that a decree of conjugal rights could be passed in his favour yet trial Court proceeded to grant a decree for restitution of conjugal rights - Even issues were not framed, which assumes significance especially when wife had not even admitted claim of..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Application by husband - Wife clearly stated that she does not wish to live with husband under any circumstances - Evidence on record proves that wife has withdrawn from society of husband without any just or reasonable excuse - Once it stands established that allegations of wife qua domestic violence..........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - TIP of accused before Court is not the main substantive piece of evidence, rather it is corroborative in nature...........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 392, 34 -- Test Identification Parade (TIP) - Murder and robbery - When accused have not disputed their identity in cross-examination of PW9 and PW1, it is thus, too late for them to allege now that no TIP was conducted...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for permanent injunction - Plaintiff was aware of correct address of defendant but intentionally did not give the same - No explanation come forth in plaint or in evidence of giving other address of defendant, which was not supported by any documentary evidence - Application for setting..........
