Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - It is necessary for an amendment applicant to set out specifically in his application, seeking leave of Court for amendment in pleadings, as to what is proposed to be omitted from or altered or substituted in or added to original pleadings...........
Evidence Act, 1872, Section 65 -- Secondary evidence - For secondary evidence to be admitted foundational evidence has to be given being reasons as to why original evidence has not been furnished...........
Criminal trial -- Conviction on the basis of photocopies of letters - Photocopy of document in absence of original is not admissible - Accused acquitted...........
Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry demand - Conviction based upon hearsay evidence of PW1/ informant and on the basis of photostat copies of alleged letters, completely ignoring the law that photocopy in the absence of original is not admissible - Moreover, statements regarding supplying of original letter to I.O. made by PWs were only bald statements and..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Subsequent conduct - Subsequent conduct of cleaning up the scene and restoring living room in its original shape, although punishable in law, does not become so unnatural that it could be made basis to convict accused for commission of murder without additional evidence to that effect...........
Civil Procedure Code, 1908, Section 100A -- Intra Court Appeal - Not maintainable once Single Judge of High Court decides an appeal arising from original or appellate decree or order...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Insufficiently stamped document - Original document has not been produced - Party cannot be permitted to lead secondary evidence in the absence of instrument in original to make up deficiency of stamp duty and to be dealt in accordance with S.35 of Stamp Act - Application rightly dismissed...........
Evidence Act, 1872, Section 74(2) -- Public document - Certified copy of sale deed can be produced in proof of contents of public document or part of public document which purports to be a copy and can be produced as secondary evidence of public document without laying any foundation - It will only prove contents of original document and not be a proof of execution of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Benami property - Subsequent purchasers who have no knowledge of nature of property in the hands of original owners and having no personal knowledge regarding suit property, are not the right person to move application U.O.7.R.11 CPC for rejection of plaint as allegedly barred by S.4 of Benami..........
Adverse possession -- For maintaining suit for adverse possession, plaintiff must admit title of original owner...........
