Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Not preparing the food in time by accused/wife, compelling the husband to do the work of mopping, cleaning as well as washing clothes, dancing in the marriage of her own brother, compelling husband to immediately go back to their place of resident and going to the market along with other persons for shopping..........
Civil Procedure Code, 1908, Order 8, Rule 5(2) -- Written statement - Not filed within time - Court has two options, (i) to pronounce judgment taking the facts pleaded in the plaint as uncontroverted and true; (ii) if the Court feels that its conscience would be clear if plaintiff was asked to prove those facts, it could exercise second option of asking the plaintiff to do..........
Limitation Act, 1963, Article 54 -- Limitation - Specific performance - Notice was issued in the year 1996 calling upon defendant to execute necessary deeds of sale - No such deed of sale has been executed by defendant and consequently, said inaction would have to be treated as a refusal - Limitation would have to be calculated as having commenced from the year 1996 and..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to admissibility of document should be taken at the time of tendering and exhibiting those documents - Since those objections were not raised, objection cannot be entertained or recorded at subsequent stage of suit...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to admissibility of document should be taken at the time of tendering and exhibiting those documents - Since those objections were not raised, objection cannot be entertained or recorded at subsequent stage of suit...........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- Abatement of suit - Death of plaintiff - When no application U.O.23.R.3(1) CPC filed for substitution of Lrs within time limited by law, suit shall abate as against deceased plaintiff and judgment may be pronounced notwithstanding his death, which shall have same effect as if it is pronounced before death took place and..........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence of defendant - Trial Court gave time of nearly two years for defendants to adduce their evidence and yet they were not careful to obtain the return of original documents from the executing Court and file them in trial Court along with petition U.O.8.R.1-A(3) CPC - Moreover, when the defendants filed the..........
Indian Penal Code, 1860, Section 397, 395 -- Offence u/ss 397, 395 IPC - Identification of accused - PW1 identified the accused by seeing them at police station - No identification parade was conducted - Identification of accused for the first time in Court thus, cannot be said to be free from doubt - Conviction and sentence set aside - Accused acquitted...........
Custody of child -- Claimed by father - Mother of child died due to heart ailments and child is in custody of her maternal grandparents - Custody of child cannot be denied to father merely because there are allegations against him of neglecting his wife during her life time and that with an ulterior motive to grab the amounts under insurance policy he is seeking custody..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Divorce proceedings - Application filed by defendant/wife u/s 24 of Hindu Marriage Act for litigation expenses remained pending for no fault of defendant - Matter was sent for mediation and reconciliation which ultimately failed and immediately thereafter, defendant moved an..........
