Evidence Act, 1872, Section 32 -- Dying declaration - In two parts - First part contradictory with the second part - In the first part theory of stove burst was there and in the second part husband was alleged to have put her on fire by sprinkling oil - When deceased was asked why she made a wrong statement earlier, she replied that she was made to understand to make such..........
Criminal Procedure Code, 1973, Section 438, 439(2) -- Anticipatory bail - Cancellation - Violation of undertaking given to court - Petitioners are guilty of willful disobedience of undertaking given to High Court as well as making false statements on oath - Petitioners have made contradictory statements and repeatedly changed their stand - Conduct of petitioners is clearly..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court cannot reject plaint on the basis of allegations made by defendant in written statement - However, Court can certainly look into the averments in affidavits filed by defendant themselves in same proceedings taking a contradictory or inconsistent stand than the stand taken in application for..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 7 -- Alternative plea - If plaintiff succeeds on the principal case set up by him whether or not the alternative plea was contradictory or inconsistent or even destructive of the original plea pales into insignificance...........
Indian Penal Code, 1860, Section 489C -- Recovery of fake currency notes - Recovery from shirt pocket of accused - Currency notes recovered not wet inspite of the fact that it was raining and accused had no umbrella - Two independent witnesses of search and seizure turned hostile - Official witnesses made contradictory statement regarding place of seizure, time and manner..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Object - To prevent Courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations in respect of same cause of action/matter in issue so as to avoid possibility of contradictory verdicts by two courts in respect of same relief...........
Criminal Procedure Code, 1973, Section 110(g) -- Habitual offender - Quashing of proceedings - Allegations made in complaint and document (Annex.1) highly contradictory - Only single case under Excise Act registered against petitioner which resulted into acquittal - Police Officers resorted to the proceedings to cover up their failure and insufficiency - Necessary..........
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 193, Evidence Act, 1872, Section 45 -- False evidence - Expert witness - Ballistic expert clearly stated his inability to give an opinion about weapon and number of cartridges fired - However in Court he deposed that cartridges appeared to have been fired from two separate weapons - Held, it is a..........
Criminal Procedure Code, 1973, Section 378(4) -- Acquittal - Leave to appeal - Testimonies of complainant and other witnesses were contradictory to each other - Statements of alleged eye witnesses were not corroborated by Investigating Officer - Held, sufficient reasons to doubt case of prosecution - Applicant failed to show any error in law on the basis of which..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Registered sale deed - Setting aside - Consideration - Self contradictory statements in the deed as to consideration - At one place it is stated that entire consideration amount is due but at the second place it is mentioned that some amount was paid in advance and rest of the amount paid..........
