Hindu Marriage Act, 1955, Section 7, 5 -- Marriage - Validity of marriage - Customary marriage - In the absence of any precedent or custom of such marriage, no judicial notice can be taken of a custom - In the absence of any pleading or proof of custom, plea that in their community such marriage can be performed cannot be accepted as no judicial precedent was brought to..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 500 gms intoxicating powder (Tramadol) - Two reports of police - In one it is declaring petitioner as innocent and in other, declining plea of his defence version - It will be a matter before trial Court to see as to..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Accused not examined his daughter-in-law as a witness during course of arguments on application of suspension of sentence - Application u/s 391 Cr.P.C filed by accused to fill up lacuna in case - Accused was granted opportunity to lead his defence evidence by trial Court - He had not led..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused suspected deceased having illicit relations with her daughter-in-law - On the day of incident deceased was present in the house of accused and some alteration took place between deceased and accused - Accused must have got angry on finding deceased in his house and in the heat of passion and..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Death by burn injuries - Two dying declarations - Both the dying declarations inspire confidence and appear to have been made by deceased voluntarily - Plea of suicide not taken by accused in his statement u/s 313 Cr.P.C. - Plea also not taken that accused was not at home at the time of incident - If..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment sought to incorporate plea of adverse possession - Defendants contended that they perfected their rights by adverse possession - No prejudice would be caused to plaintiff by amending written statement as sought for - Moreover, amendment sought would not alter or..........
Motor Vehicles Act, 1988, Section 166, 157 -- Accident - Injury case - Driver purchased vehicle after accident and became registered owner - Plea of insurance company that said fact not brought to notice of insurer - As far as third party is concerned, entitlement of securing Award and enforcing it against insurer can never be denied and liability would therefore be of..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Impleadment of a party - Partition suit - Properties in question were enjoyed by defendant and plaintiff as joint family properties being father and son - Defendant mentioned in his written statement that he is having a sister, who is one of legal heir of their father - He did not raise a plea of non-joinder of necessary party..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea of petitioner is that respondent was duly served through publication in a newspaper - All notices issued to respondent were received back with a specific report that respondent was not residing in village - In these circumstances, publication in newspaper which is stated to be circulated..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea of petitioner that application filed U.O.9.R.13 CPC is allowed after a delay of almost 7 years - Plea held, not tenable as delay has to be reckoned from date of service or date of knowledge - Respondent was not served, it cannot be held that he had knowledge of alleged judgment and..........
