Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - No dispute regarding identity or location of suit property - Even, there is no dispute regarding measurements of property - It is not a case of defendants that plaintiffs encroached their property - Relief sought by defendants to note down physical features is nothing but amount to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Advocate commissioner can be appointed for determining physical features of property but not for verifying and gathering evidence as to who is in possession of property...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Court may appoint commissioner to survey and localize a property even before evidence is adduced to clarify ambiguities and facilitate parties ability to lead evidence accordingly...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to produce any documentary evidence such as receipts or bank records to substantiate the alleged payment of Rs.14,00,000 - During her evidence, she vaguely stated that amount was adjusted from her dowry, but no further proof was submitted in support of her claim - Plaintiff also admitted that..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Whether wife is having an independent income to live, as in the same standard of husband who is admittedly doing the job of pilot and assets for herself thereof, is a matter of evidence - Court cannot look into these aspects in detail while considering an interim application for..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - No discrepancies and contradictions in the evidence of victim - Evidence of victim is supported by PW3 - Appellant failed to prove that because of prior enmity victim was telling lies - Conviction 2upheld...........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder - Fire arm shot - Report of ballistic expert - Where evidence of eye witnesses is contradictory to prosecution case, conviction cannot be made solely on basis of report of ballistic expert pertaining to recovery of weapon from accused or as regards its use, in the absence of any other substantive..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - There is no necessity to frame an issue, when parties are not at dispute on a particular fact or law - At times, despite pleadings when a specific issue is not framed, but when both parties to lis have let in evidence and rendered their arguments on a point, decision on which is intrinsically connected to main issue,..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Question of law - Courts are vested with powers to go into question of law, touching upon either limitation or jurisdiction, even if no plea is raised and not in cases, where facts have to be pleaded and evidence has to be let in...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - Correction in cheque amount - Accused put his signature with regard to correction - No explanation given by accused for such signatures - Even, counter signature made by complainant also not explained - Notice not replied - Rebuttal evidence also not given - Trial Court ought..........
