Evidence Act, 1872, Section 138, Indian Penal Code, 1860, Section 302, 307 -- Cross-examination deferred - Defence should be asked to cross examine the witness the same day or the following day - Only in very exceptional cases, and for reasons to be recorded, the cross examination should be deferred and a short adjournment can be given after taking precautions and care for..........
Indian Penal Code, 1860, Section 302, 307, 100 -- Murder - Right of private defence - Deceased had received 8 to 9 shots from the carbine of appellant which are spread all over his body - Entry wounds exist on the front as well as on the back of deceased's body, which makes it clear that deceased was shot not only from the front but also from the back while he was trying..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for mandatory and permanent injunction filed by only one of legal heirs of deceased - To hand over the original R.C of vehicle purchased by father of plaintiff and to restrain them from taking possession of the same in an illegal or forcible manner - When vehicle purchased by deceased was inherited..........
Civil Procedure Code, 1908, Section 152 -- Correction in judgment and decree - Rectification in regard to the typographical mistake as found in view of the plaint - In view of S.152 CPC, clerical and arithmetical mistake can be rectified in the judgment and decree as well - Application allowed for proposed amendment-B...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of defendant no.4 for further cross examine qua documents - Documents in question have been exhibited subsequent to completion of cross-examination of defendant no.4 - Plaintiff did not get opportunity to cross examine defendant no.4 on these documentary evidence - Principle of natural justice demands that plaintiff..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue of limitation is a mixed question of fact and law and same cannot be decided as a preliminary issue...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court in second appeal cannot examine the correctness of finding on facts by Court below unless said findings are inherently improbable or perverse...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Once additional issues had been specifically framed before trial Court, it was incumbent upon trial Court to have returned the findings on all the issues whether framed originally or additional issues, particularly when evidence has been led on all the issues by parties...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - U.O.9.R.13 CPC, it is evident that an ex parte decree can be set aside if the cause for non-appearance is shown to be sufficient...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Excessive pampering of son by wife does not amount to cruelty towards husband...........
