East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Family of land lord consisting of his wife and three daughters - One daughter already married and second was married during pendency of eviction application - Third daughter passed M.A. and was of marriageable age - - Rent petition dismissed on the ground that statement of..........
Customs Act, 1962, Section 130(b) -- Assessable value of imported goods - Misdeclaration by accused as regards country of origin, quantity and value of imported goods - Rejection of assessable value by Commissioner which was declared in bill of entry and confiscated the goods - In appeal, Tribunal, on basis of invoice and parking list annexed with bill of entry and..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Handwriting expert - Execution of agreement to sell denied - In such a case plaintiff is not allowed to lead evidence in rebuttal - However, when one attesting witness appears as DW and denies his signatures then it becomes necessary for plaintiff to contradict statement of attesting witness by way of..........
Indian Penal Code, 1860, Section 302, 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Murder or suicide - Deceased alleged to be suffering from gloom of depression for having not given birth to a child - No evidence led by defence that deceased was suffering from some gynecological problem running counter to her child bearing capacity - In case there was any such..........
Evidence Act, 1872, Section 32 -- Statement by a person in anticipation of death but who did not die - Statement not admissible u/s 32 of the Act - Statement has to be dealt with u/s 157 of the Act - Such statement has to be treated to be of superior quality/high degree than a statement u/s 161 Cr.P.C...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Specific denial - Wife sought decree of divorce on grounds of cruelty and desertion alleging that there were persistent demands of dowry and her husband was man of loose character and that he was in sexual relationship with person other than his wife - Husband filed written statement in vernacular language spelling out in 11..........
Criminal Procedure Code, 1973, Section 174 -- Inquest report - It is not a statement of a person wherein all the names of accused must be mentioned - Omissions in the inquest report are not sufficient to put the prosecution out of court...........
Criminal Procedure Code, 1973, Section 482, 125, Indian Penal Code, 1860, Section 323, 342, 506 -- Quashing of FIR - Factum of compromise having arrived at between parties has been duly recorded by ADJ, Delhi in joint statement of parties - No application was filed by petitioner/wife before ADJ, Delhi that her statement was not correctly recorded or was made under undue..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 6, Rule 7, Civil Procedure Code, 1908, Order 8, Rule 9 -- Written statement to the amended plaint - Defendant is entitled to take even those legal pleas which were not earlier taken but such pleas should not be inconsistent to the pleas which were already taken...........
Arbitration Act, 1940, Section 7(4)(c) -- Arbitration agreement - Non denial of arbitration agreement - If in an application filed u/s 11 of the Act there is an assertion of arbitration agreement with each of the respondents and respondents do not deny the said assertion, in their statement of defence, then Court can proceed on the basis that there is an arbitration..........
