Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 102 -- Suit for declaration of title - Burden of proof - In a suit for declaration of title burden always lies on plaintiff to make out and establish a clear case for granting such a declaration and weaknesses, if any, set up by defendant would not be a ground to grant relief of declaration of title to..........
Criminal trial -- Prosecution cannot be allowed to improve its case as set out in the charge sheet...........
Agreement to sell -- Specific performance - Suit filed after a lapse of twenty years - No explanation given by plaintiff in this regard - Even there is no pleadings with regard to willingness of plaintiffs or original vendee for getting sale deed executed in their favour - No evidence adduced by plaintiff to show that right from the date of sale agreement, original vendee..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Issue of sanction was taken up by High Court rather than proof of sanction on its own and without assistance of counsel for accused - Respondent stated that one more opportunity may be given to respondent to demonstrate that irregularity in sanction order has led to failure of justice - Order of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Allowed by Appellate Court - On the same very day appeal was allowed by setting aside judgment and decree of trial Court - No reason given as to why in the absence of further evidence being recorded by first appellate Court on basis of amended written statement, judgment and decree of trial..........
Indian Penal Code, 1860, Section 354 -- Outraging the modesty of woman - Incident took place on occasion of a no confidence motion about to be moved by PW1 against petitioner in a parent Teachers Association Meeting - It is difficult to believe that petitioner assaulted PW1 with an intention to outrage her modesty - Evidence of PWs 1 to 3 is not consistent - Necessary..........
Arms Act, 1959, Section 17 -- Arms License - Cancellation - License of petitioner cancelled on the ground that he used the weapon at public place in contravention of R.32 of Arms Rules - However, neither place where firing took place has been defined nor date or time has been defined by licensing authority or appellate authority - There is no admission on the part of..........
Criminal trial -- Amicus Curiae - Counsel for accused refused to appear on behalf of accused - No Advocate was representing accused and evidence was closed without giving opportunity of cross-examination to accused, who was in custody - Conviction set aside - Matter remitted for decision afresh after appointing Amicus Curiae and PW-16 & PW-20 be resummoned for cross..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree can be set aside by Court where defendant satisfies Court that : (a) summons were not duly served upon him; (b) he was prevented by any sufficient cause from appearing before Court when suit was called for hearing...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Due to health issues counsel for defendant could not appear - Merely because counsel representing defendants failed to make some alternative arrangement, defendants cannot be made to suffer for the same as it would not be in the interest of justice - Defendants have shown sufficient cause..........
