Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court formulated six substantial question of law - High Court committed an error as it framed two additional questions in the judgment itself - It caused prejudice to the rights of the parties who suffered the adverse order, as it had no knowledge about framing of two additional questions inasmuch as they were..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Framing of additional questions - High Court though had jurisdiction to frame additional questions by taking recourse to S.100(5) Proviso CPC but it was subject to fulfilling three conditions i.e: (i) such questions should arise in appeal; (ii) assign reasons for framing additional questions; and (iii) frame the..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Burden of proof - Room in which dead body of deceased was found was jointly shared by accused/husband and his wife/deceased - Burden is upon accused to offer an explanation as to how and in what circumstances, deceased sustained so many injuries - Accused failed to offer..........
Civil Procedure Code, 1908, Order 22, Rule 4(2), Civil Procedure Code, 1908, Order 9, Rule 7 -- Death of defendant - Ex parte hearing against LRs of deceased defendant - LRs failed to file additional written statement - Suit cannot be set for ex parte hearing against such LRs, as they may choose to adopt written statement filed by original defendant...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte hearing - Setting aside - Death of defendant - Suit was set for ex parte hearing against LRs of deceased defendant, as they failed to file additional written statement - Though LRs have not taken steps in the matter, but they have offered plausible explanation for such default on their part, as they were not..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - An opportunity of hearing has to be given to the proposed persons to be added as accused persons - Impugned order set aside as opportunity of hearing was not provided to them prior to passing the order...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - To prove valid execution of Will in question - Will set up by plaintiff is a registered Will, execution whereof is admitted by defendant - Court below, thus, ought to have permitted plaintiff to lead additional evidence to prove valid execution of Will in the interest of justice - Moreover, no prejudice is..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, Transfer of Property Act, 1882, Section 126 -- Scope - Distinction between the two provisions - Provision of S.23 of Act of 2007 is in addition to and in any event different to an extent from the provision of S.126 TPA and not in derogation thereof - S.23 provides for additional safeguards to the..........
Civil Procedure Code, 1908, Order 18, Rule 3, Civil Procedure Code, 1908, Order 14, Rule 1 -- Rebuttal evidence - Non framing of necessary and proper issues - Trial Court directed to frame three additional issues - Plaintiff to lead evidence in affirmative on issue on which onus to prove is on him and defendant to lead evidence on two other issues, the onus of which is on..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Evidence of witnesses stated presence of petitioners and their participation in alleged offence - Some witnesses turned hostile - Certainly, there are discrepancies cropped up in cross-examination but necessary evidence for invoking S.319 Cr.P.C. for taking cognizance against the persons other than the..........
