Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), Civil Procedure Code, 1908, Order 13, Rule 3(a), Civil Procedure Code, 1908, Order 18, Rule 17, Evidence Act, 1872, Section 137 -- Document not produced with pleadings - Production/showing of documents, for the first time, to witness in his cross examination -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Clerical/typographical mistake - Suit for declaration claiming to be co-sharer co-owner to the extent of 1/4th share in the suit land - Amendment of plaint sought to incorporate one Kill No. - Amendment neither changes the area of land nor its location and even after amendment share of plaintiff will..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - No evidence on record to establish that wife has her own source of income - Husband though denied his sources of income as alleged by wife but it was not even case of husband that he has no source of income whatsoever - Amount of Rs.4000/- pm as maintenance pendente lite, determined by Family Court along..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Physical presence of accused at the site of actual commission of crime and deposition of independent witnesses about their role, clearly establishes that it was for purpose of facilitating offence - Consistent testimony of all eye witnesses was clear that accused were part of attack, they played an active role in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement - Amendment sought by successors-in-interest of original tenant - Amendment sought when repeated adjournments were granted to lead evidence - Such conduct clearly reflects that neither they were diligent in pursuing their case nor their actions are bona fide - More so, delay..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Award of Rs.7000/- p.m. from the date of filing of application and Rs.11,000/- as litigation expenses - No evidence or supporting document with regard to source of income or assets and liabilities of husband filed - However, husband is a fashion designer and MBA not denied - It would not be..........
Will -- Due execution - Neither attesting witness nor scribe of Will was examined - Will being an instrument required to be attested by law, same could not be used as evidence in the light of bar u/s 68 of Evidence Act - Will held, not proved and thus, cannot be used as evidence...........
Criminal Procedure Code, 1973, Section 157 -- Inquiry - Holding simultaneous inquiry either during investigation or post submission of final report u/s 173(2) Cr.P.C is incomprehensible under Cr.P.C - Such inquiries by police officers are sheer and blatant interference with process of justice and cannot stand the test of justification - It is unfair for prosecution also to..........
Criminal trial -- Directions issued that Courts should desist from expressing any stereotype opinion, in words spoken during proceedings, or in course of a judicial order to the effect that: (i) women are physically weak and need protection; (ii) women are incapable of or cannot take decision on their own: (iii) men are the `head' of household and should take all the..........
Criminal Procedure Code, 1973, Section 311 -- Examination of witnesses - Power u/s 311 Cr.P.C can be exercised at any stage - There is no bar that order of examination of witnesses cannot be passed after defence evidence is over...........
