Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - At appellate stage - Amendment sought explanatory in nature - Not causing any prejudice to the plaintiff - Delay not a ground to reject the application - No error in allowing amendment at the appellate stage - As for as amendment concerning resiling from the statement made by a witness in cross..........
Indian Penal Code, 1860, Section 279, 338, 304A -- Rash and negligent driving - Driver of bus while overtaking bullock cart hit the two wheeler coming from the opposite direction causing injury to both rider and pillion rider - Suggestion to eye witness in cross examination that since bullock cart was going ahead of bus, as such rider of motor cycle could not see bus -..........
Evidence Act, 1872, Section 27 -- Recovery of saree from pond pursuant to confessional statement - It was stated in cross examination that saree recovered from inside pond was stained with mud which was not so when saree produced in Court - Serious contradictions in evidence of witness - Alleged recovery of saree pursuant to confessional statement, held, not proved...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Cross suits - Clubbed together - Common judgment - Appeal filed against one of the decrees not maintainable as it is barred by principle of res judicata...........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Recovery of tainted currency notes from the right side drawer of table of the accused and not from the person of accused - Saucer over which hands of the accused were got washed was brought by the raiding party - Possibility of saucer having been already treated with phenolphthalein powder..........
Hindu Marriage Act, 1955, Section 13 -- Desertion and cruelty - Divorce petition by wife - Wife not complied with decree of restitution of conjugal rights in favour of husband - Husband prosecuted u/ss 406, 498-A IPC and acquitted - Fact of acquittal not brought to the notice of Court when affidavit was filed by wife - In cross examination wife did not accept the fact of..........
Indian Penal Code, 1860, Section 498A, 306 -- Suicide in matrimonial house within 8-9 months of marriage - Prosecution case that husband used to harass the deceased and also subjected her to physical cruelty, because he was not happy with her being illiterate and also wanted to marry again - No evidence of physical torture on dead body as evidence of PW that when he saw..........
Criminal Procedure Code, 1973, Section 157 -- FIR - Delay of seven days in receipt of report by Magistrate - FIR promptly lodged - Investigation proceeded immediately thereafter - Special report was sent by post - Mere delay in receipt of Special Report in no way causes doubt to the case of prosecution particularly when none of the witnesses including the IO has been cross..........
Criminal Procedure Code, 1973, Section 210, Indian Penal Code, 1860, Section 406, 498A -- Complaint case and FIR of the same date - Parties same - Merely for the reason that time is not mentioned in the complaint does not mean that the allegations do not arise out of the same incident or that it is a cross case - Both the cases be tried together, but not consolidated -..........
Indian Penal Code, 1860, Section 376, 452, 506 -- Rape - Medical report that prosecutrix is habitual to sexual intercourse - Prosecutrix and her sister-in-law sleeping in room with doors bolted and bolts were intact - No evidence as to how accused came into the room and committed rape - Unreliable that accused committed rape and sister-in-law remained sleeping - No..........
