Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Divorce proceedings - Application filed by defendant/wife u/s 24 of Hindu Marriage Act for litigation expenses remained pending for no fault of defendant - Matter was sent for mediation and reconciliation which ultimately failed and immediately thereafter, defendant moved an..........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping and murder - Circumstantial evidence - Allegation that four months old baby was kidnapped and murdered by accused - Missing of child and contemporaneous conduct of accused feigning pregnancy have relevance in terms of S.8 of Evidence Act and subsequent recovery of child who was later on found to be dead seen with..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Nature of amendment is an elaboration of defence - Though amendment sought were within knowledge of petitioner when written statement was filed, however, due to delay cost of Rs.10,000 shall be paid to plaintiffs - Amendment allowed subject to payment of cost of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Nature of amendment is an elaboration of defence - Though amendment sought were within knowledge of petitioner when written statement was filed, however, due to delay cost of Rs.10,000 shall be paid to plaintiffs - Amendment allowed subject to payment of cost of Rs.10,000/-...........
Evidence Act, 1872, Section 25, 27 -- Confessional statement before police - Admissibility - Confessional statement made before police though not admissible in evidence but part of confessional statement made before police leading to recovery of dead body shall be admissible in evidence, as the same would be protected u/s 27 of the Act...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Chain of circumstances not complete against A-2 to 6 - As regarding involvement of other accused, except that their names have been brought on record on the basis of confessional statement of accused `S', there is no other material to connect them with the killing of deceased - Confessional statement of co-accused..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Introduction of facts within knowledge of defendants which were consciously suppressed in written statement and counter claim should not be allowed...........
Civil Procedure Code, 1908, Order 8, Rule 3, 5 -- Written statement - Allegations in plaint must be dealt with para wise - There must be specific admission and denial - General or evasive denial is not sufficient - Preliminary objections must be taken in a separate set of paragraphs - Additional pleadings can also be raised in the written statement, if required...........
Agreement to sell -- Specific performance - Plaintiff making false and/or incorrect statement in the plaint which are very material - Plaintiff not entitled to relief of specific performance - Earnest money of Rs.30,000 and damages of Rs.10,000/- with interest @ 6% per annum from the date of decree of trial Court till its payment granted...........
Will -- Two out of four attesting witnesses of Will stated that Will had been signed by testator in their presence and the Will was read over to them and thereafter they also signed - Execution of Will was duly proved by witnesses and issuance of probate cannot be denied only on the ground that third witness had some contradiction in his statement - Will is proved...........