Evidence Act, 1872, Section 154 -- Expert witness - Statement as to facts - Inconsistent with the actual record - Witness cannot be declare hostile, as, such a contention can be raised in the course of arguments...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought based on subsequent event when plaintiff refused to accept the amount sent by defendant and denied the relationship of landlord and tenant between parties - Said amendment clearly appears to be an attempt to create evidence during pendency of suit so as to..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 304B -- FIR - Delay - Dowry death - Delay in lodging FIR not much - But it does bring an element of doubt when defence is successful in showing that girl made a statement in the presence of medical officer that she was under the influence of some evil spirits...........
Indian Penal Code, 1860, Section 302 -- Murder of child by her step mother - Death caused due to poison - Bottle of poison recovered on a disclosure statement of accused that too from concealed place - Only inference can be drawn that a person who concealed the poison and administered the same in food given to child, is none other than accused - Even otherwise, there is..........
Agreement to sell -- Readiness and willingness - Financial capacity - Plaintiff sought his bank account statement for proving his financial capacity - However, said document is not proved on record as bank account is not certified under Bankers Books Evidence Act - Moreover, in absence of said certificate, it was necessary for plaintiff to summon the record of bank to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Letter written by wife indicating her intention to dissolve marriage by mutual consent and fact that she wanted to marry her old friend, constitutes cruelty to husband, as it causes grievous pain to husband and can break the spirit of husband to continue with martial ties - However, explanation of wife that..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B -- Discharge - Conspiracy conferring undue advantage upon owners of land - Four agreements to sell - Agreement unilateral as they did not bear the signature of appellants and such agreements recovered from the vendors themselves - Mere execution of such agreements cannot be..........
Agreement to sell -- Specific performance - Plea of hardship - No such plea with regard to hardship and inconvenience raised by defendant in his written statement originally filed nor an application was filed to seek amendment of pleadings - In the absence of any such facts on record with an opportunity to plaintiff to controvert the same, it is difficult to accept the..........
Indian Penal Code, 1860, Section 363, 376(2)(g) -- Kidnapping - Gang rape of minor girl - Testimony of prosecutrix - Prosecutrix categorically deposed that she was raped by both the accused turn by turn - She was over-powered by two grown up men and absence of any mark of injury is not a ground to disbelieve her - Delay of FIR properly explained - No motive for false..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 9, Rule 6(1(a)), Civil Procedure Code, 1908, Order 8, Rule 10 -- Ex-parte decree - Setting aside - Non filing of written statement and non appearance to explain the circumstances under which written statement was not filed and to seek further time for said purpose - It is an ex parte decree..........
