Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Allegation against wife that she fled from the house after stealing jewellery and other items has not been proved or substantiated by oral and documentary evidence adduced by husband - Even, the allegation that wife is living in adultery with younger brother of husband is also not proved - Monthly..........
Agreement to sell -- Refund of advance amount - Plaintiff pleaded for refund of advance amount of Rs.20,000, as paid to defendant - Though defendant pleaded that he had returned the amount of Rs.1000 but there is no evidence to that effect - Defendant directed to pay Rs.20,000 with 9% interest p.a from the date of execution of agreement till the date of repayment...........
Agreement to sell -- Refund of advance amount - Plaintiff pleaded for refund of advance amount of Rs.20,000, as paid to defendant - Though defendant pleaded that he had returned the amount of Rs.1000 but there is no evidence to that effect - Defendant directed to pay Rs.20,000 with 9% interest p.a from the date of execution of agreement till the date of repayment...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Grounds taken by defendant in his application U.O.7.R.11 CPC, can be pleaded by defendant in his written statement and the same can be decided after framing an issue in this regard after considering the evidence of parties at the stage of hearing of suit - But, same cannot be looked into at the time of..........
Stamp Act, 1899, Section 36 -- Admissibility of document - Objection as to - When the document in question has been exhibited and admitted in evidence, S.36 of the Act specifically bars Court from subsequently permitting party from objecting to its admissibility...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of defendant and his witnesses for further cross examination - After remand of case both the parties refused to lead any fresh evidence - It was not appropriate for trial Court to allow recall of defendant and his witnesses for further cross examination without any cogent reason - Impugned order set aside...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Examination of handwriting and finger print expert - Allowed by trial Court - His report produced and his examination-in-chief recorded - Defendant granted an opportunity to cross examine handwriting and finger print expert and defendant to lead further evidence to counter the evidence of handwriting and..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration of title - Burden is always on plaintiff to prove his title to seek a decree of declaration - Plaintiff has to establish not only his title, but also title of his vendors, particularly when it is in respect of item of immovable property...........
Evidence Act, 1872, Section 137, 138 -- Examination-in-chief - Presence of advocate for accused is required when examination-in-chief of a material prosecution witness is being recorded...........
Evidence Act, 1872, Section 137, 138 -- Examination-in-chief - Recording of only examination-in-chief of 12 prosecution witnesses without recording cross-examination is contrary to law...........
