Indian Penal Code, 1860, Section 302, 324, 323, 34 -- Different places, as the scene of offence, described by different eye witnesses - Suppression of earlier FIR - All this reveals that prosecution wanted to suppress and has suppressed the real incident and culpability of real culprits - Acquittal calls for no interference...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Defendant in his written statement disclosed host of new facts, which were not pleaded by plaintiff - It was plaintiff who suppressed material facts and not defendant - On the ground of suppression of facts and pleading false facts by defendant, amendment of plaint is not permissible and definitely power..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 66 -- Auction sale - Enforcement of maintenance decree filed by wife of defendant No.1 - Non-compliance of O.21.R.66 CPC - Sale and its confirmation itself not questioned on any ground whatsoever by plaintiff - Ground relating to no, compliance of O.21.R.66 CPC not taken in plaint and in the absence of evidence, it..........
Criminal trial -- Suppression of facts - Aspect wherein police has actively connived to suppress the facts, cannot be ignored or overlooked...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused arrested in a hurried manner after the day of incident from hospital - Police authorities in a unusual manner got accused discharged from hospital and kept him illegally confined for a day - Action of investigating authority in pursuing the case in the manner in which they have done must be rebuked - Such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Plaintiff guilty of suppression of certain facts at the time of adjudication of application U.O.39.R.4 CPC - It is inherent in order of said application that said facts are necessary for controversy - Plaintiff immediately filed application U.O.6.R.17 CPC to incorporate..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suppression and concealment of earlier suit between parties which attained finality - Held, defence projected in written statement cannot be looked into to decide application for rejection of plaint - It is only the plaint which is to be looked into to decide application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suppression and concealment of earlier suit between parties which attained finality - Recourse to O.7.R.11 CPC is not appropriate - Trial Court may after framing the issues, take up the issues which pertain to maintainability of suit and decide the same in the first instance...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of suppression of material facts - Suppression of material facts as alleged has no relevance the claim of plaintiff - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12, 14, 17, 18, 20, 21, 22 -- Quashing of proceedings - First marriage of wife existing at the time when she solemnized second marriage - Suppression of fact - Seeking quashment of proceedings in wake of initial suppression of personal details and litigation may not..........
