Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Three dying declarations - Murder - Death by burning - Deceased made one oral and two written dying declarations - There is immediate disclosure of deceased to her mother in her first dying declaration that accused is author for burning and ran after the incident - Both written dying declarations are..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Permissible when cause of action accrued before institution of suit or before filing of written statement...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for declaration - Defendant No.1 by way of counter claim only tried to seek relief in respect of suit property to which it had not only objected to plaintiff's cause of action but also claimed its own right, title, ownership and possession in the written statement - Subsequent event that have occurred..........
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 5 -- Non-framing of an issue - Evasive denial in written statement - In absence of specific denial, Court is not required to frame specific issue on that point...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Averments in plaint not specifically denied - Such no, denial of plaint averments amounts to admission of plaint case...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Denial of intercourse by wife - Specific averment made by husband with regard to denial of intercourse by wife - However, said averment was not traversed by wife in her written statement - Even wife did not deny the fact that parties did not cohabitated as husband and wife after her return to matrimonial..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement 0 Amendment sought when case was fixed for rebuttal evidence and arguments - Proposed amendment was well within knowledge of defendant - Moreover, by way of amendment, defendant wants to set up entirely a new case by introducing the Will, which is not permissible - Application seeking amendment filed just to..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to incorporate that petition u/s 9 of Hindu Marriage Act is not maintainable and Family Court has no jurisdiction to try the same - In the absence of any material on record, High Court unable to decipher as to whether trial has commenced when application for..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 21 -- Amendment of plaint - Petition u/s 13 of Hindu Marriage Act - Amendment sought to incorporate certain facts which occurred during restitution of married life - Only subsequent events were brought by way of amendment - It cannot be said that these facts were in the knowledge of wife while..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint- For deciding an application U.O.7.R.11 CPC, only contents of plaint need to be looked into - Stand of defendant in written statement or in application for rejection of plaint is wholly immaterial...........
