Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - Allegations that husband and in-laws tortured deceased physically and mentally - Post mortem report did not reveal any injury except burn injury - Complainant, uncle of the deceased, deposed that deceased was subjected to torture by the husband and in-laws which prompted her to make an..........
Agreement to sell -- Specific performance - Plea of hardship - Plea that land subject of sale agreement is the only source of livelihood - Plea not acceptable when there is no pleading in written statement that defendant did not foresee hardship by the sale of land at the time of execution of agreement to sell. (Specific Relief Act, 1963, Ss.20 & 21)...........
Indian Penal Code, 1860, Section 499 -- Tenth Exception - For applicability of the tenth exception of S.499 IPC it must be proved that statement/publication was intended in 'good faith' to convey a caution to one person against another and that such caution was intended for the good of the person to whom it was conveyed, or of such person in whom that person was..........
Criminal Procedure Code, 1973, Section 164 -- Accused cannot be convicted merely on the statement of a witness u/s 164 Cr.P.C. - It is not a substantive piece of evidence - It can be used for the purpose of contradicting or corroborating the witness - Accused cannot be convicted without corroboration from other evidence...........
Indian Penal Code, 1860, Section 499 -- For applicability of the tenth exception of S.499 IPC it must be proved that statement/publication was intended in 'good faith' to convey a caution to one person against another and that such caution was intended for the good of the person to whom it was conveyed, or of such person in whom that person was interested, or for the..........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by Magistrate - Before recording Magistrate satisfied himself about the ability of deceased to make statement and also an endorsement by doctor - Dying declaration in question answer form - Endorsement by doctor at the end that deceased was fit all through the time when her statement was recorded and secondly..........
Motor car -- Manufacturing defect - Complainant had not come to the District Forum with clean hand - Vehicle was taken away by the officials of Citi Bank and resold to some other person soon after filing the complaint - This fact was not disclosed by the complainant in his complaint till its decision and thus the complainant has intentionally misused and abused the process..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, 100 -- Issuance of search warrant - Quashing of - Respondent withdrew his earlier application for search warrant of his wife who was allegedly wrongly confined to prevent her from making marital relations with him - He later allegedly abducted her, who after her recovery gave statement regarding abduction and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Cannot be allowed merely for the reason that plaintiff has no objection in allowing the amendment subject to payment of costs - Proviso to O.6.R.17 CPC lay down that amendment of pleadings cannot be allowed after commencement of trial unless Court comes to the conclusion that in spite of due..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex-parte temporary injunction granted - Subsequently injunction application dismissed - Appeal against - Both the parties through respective counsels sought direction to the trial court to decide the suit within a particular period and further directing for maintenance status quo during pendency of the suit - In view of..........
