Civil Procedure Code, 1908, Section 115, Order 37, Rule 3(5) -- Leave to defend - Not sought within 10 days of service of summons - Delay condoned and permission granted to file written statement and contest the suit - Revision against - High Court set aside the order on the ground that the approach of trial Court was wrong and that the trial Court did not apply its mind -..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye-witness - Reliability - Four sons of eye-witness roasted to death in front of her eyes - Mother of ill-fated sons most natural eye-witness narrated full details of incident - However, affidavit filed by her contained a wrong statement that one of her daughter-i, law was also burnt to death - Affidavit was in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for declaration challenging Will - Defendant in written statement claiming property on the basis of Will - Written statement mentions another person to be owner of property - Ex facie appears to be wrong - Amendment seeking to withdraw admission by mistake in written statement -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to withdraw admission already made - Once admission made - Cannot be withdrawn unless shown to be erroneous or patently wrong - Mere allegation that one of the defendants played fraud and got admission written statement filed - No allegation against plaintiff - Nothing to show as to how..........
Evidence Act, 1872, Section 114 -- Statement in a judgment when not correct the remedy for the aggrieved party is to file a petition for review - Appeal can be entertained only if both parties agree that the statement is wrong...........
Criminal trial -- Circumstantial evidence - Homicidal death of 5 persons - There was a boundary dispute between accused and deceased - One of the prosecution witnesses deposing that two days prior to incident there was a quarrel between accused and deceased and that accused had told him that he was compelled to sign a promissory note by deceased - Recovery of a HMT wrist..........
Civil Procedure Code, 1908, Section 96(3) -- Agreement to sell executed by President Co-operative Society - Permission of Registrar Cooperative Societies not required to sell property of Society - President authorised to sell - Execution of agreement admitted in written statement - Identity of property and consideration payable not disputed - Wrong mention of date in..........
Civil Procedure Code, 1908, Order 27, Rule 5 -- Computation of extended aggregate period of two months for filing written statement - Once reasonable time fixed and Government Pleader appears then Court has discretion to extend time from time to time - Time so extended not to exceed two months in aggregate - Initial date fixed by Court or till such time Government Pleader..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in pre-emption case - Main thing to be considered - Whether plaintiff applying for amendment acting in good faith or not - Misdescription of property (wrong description of one of the Khasra numbers) - Objection that plaintiff cannot be said to have acted with due diligence and care as amendment of plaint..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Conversion of one class of land mentioned in revenue record to another i. e. rectification of revenue records existing prior to repartition to change classification - No authority with Consolidation Authorities - Statement of classification of land for purposes of consolidation..........
