Civil Procedure Code, 1908, Order 22, Rule 3, Evidence Act, 1872, Section 108 -- L.R's - Substitution - Appellant missing since 22.5.1993 and not found for seven years - Civil death thus occurred on 21.5.2000 - Substitution applciaotn filed within 90 days of 21.5.2000 - Application, held, within time...........
Evidence Act, 1872, Section 133 -- Accomplice - Evidence of - Admissible - Fact that prosecution did not prosecute accomplice u/s 306 Cr.P.C. or was not granted pardon, not material...........
Kerala Abkari Act, 1977, Section 57A -- (As inserted in 1984) - Liquor - Adulteration with noxious substance - Co-accused - brother of accused who is involved in adulteration of liquor with noxious substance - Evidence of discovery of use of fake number plates make it clear that co-accused was neck deep into business of spurious liquor - Fact that a vehicle under his..........
Motor Vehicles Act, 1988, Section 166 -- Claimant sustained injuries in motor accident - Claimant's age 35 years and involved in silk winding - He claimed his earnings to be Rs.4500/- per month, but no documentary evidence to prove his income - Income of claimant assessed at Rs.3500/- P.M. and compensation awarded on basis of this income...........
Delhi Rent Control Act, 1958, Section 50 -- Appellate court reversed decree, holding that since parties are governed by landlord-Tenant relationship and rent of premises being below Rs.3500/-, suit for possession was not maintainable, in face of bar of jurisdiction, contained in S.50 of the Act, and that, only Rent Controller alone has jurisdiction to entertain suit -..........
Indian Penal Code, 1860, Section 363, 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Kidnapping and rape - Accused committed rape on victim girl aged 9 years after kidnapping her from place where she was playing - Statement of victim girl secured corroboration from evidence of other witnesses as well as by medical..........
Evidence Act, 1872, Section 112, Criminal Procedure Code, 1973, Section 125 -- Maintenance - Question of paternity - DNA test - Permissibility - Consent is given for DNA test by respondent No.1 in his cross examination before lower Court - Held, question is about the paramount consideration of the welfare of child and to decide the status of 2nd petitioner - As consent is..........
Evidence Act, 1872, Section 108 -- Presumption - Arises only after lapse of seven years unless contrary is proved - Plaintiffs case that her husband had gone to Bombay in December, 1996 and is traceless for last 8 years - Present suit filed in 2004 - Evidence of defendant that his son regularly writes letter to him but even then he is unable to say in evidence the address..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Sought on ground that no cause of action has arisen in favour of plaintiff - Partition suit instituted by son during life time of his father is not maintainable - Suit property cannot be partitioned in view of the Hindu Succession Act and plaint is liable to be rejected - Held, it is during course of..........
Evidence Act, 1872, Section 32 -- Dying declaration - 100% burn injuries - Evidence of doctor, general in nature, who conducted post mortem examination that a person with 100% burn injuries could also make a lucid statement - Doctor who had given a positive opinion that deceased was in a fit condition to make a statement not cited as a prosecution witness - Dying..........
