Indian Penal Code, 1860, Section 304, 279, Evidence Act, 1872, Section 106 -- Road accident case - Doctrine of res ipsa loquitor - Applicability - Doctrine comes to aid at subsequent stage where it is not clear as to how and due to whose negligence accident occurred - Court with aid of proper evidence may take assistance of attendant circumstances and apply doctrine of res..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Subject matter of the two suits altogether different - Application rightly rejected by trial Court...........
Criminal Procedure Code, 1973, Section 482 -- FIR - Quashing - Permitting the continuance of the FIR impugned would amount to nothing short of a gross abuse of process of law - FIR and all subsequent proceedings quashed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Eviction - Transposition of one of respondents as 2nd petitioner - Effect - Held, mere transposition cannot avail to 2nd petitioner to contend that grounds required under law have been established - If 2nd petitioner as a co-owner of premises has any contention to urge that he requires premises, it has to be..........
Will -- Execution - Proof - Execution of Will never disputed by defendant - Plea of defendant that Will was revoked by testator vide subsequent Will - Held, execution of Will stands admitted...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Can be filed even subsequent to the filing of the written statement, subject to the condition that cause of action for filing the counter claim should have accrued before the filing of the written statement...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Defamatory allegations in a suit for specific performance etc. - Subsequent suit for damages - Both the suits have different subject matters and different issues - Held, S.10 CPC is not attracted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plaintiffs filed suit for declaration of right, title and interest over the suit land and for eviction of defendant No.1 with a prayer for permanent injunction - Earlier, suit for declaration of title and permanent injunction filed by purchaser of disputed land from common ancestor of..........
Evidence Act, 1872, Section 8, Indian Penal Code, 1860, Section 302, 34 -- Murder - Subsequent conduct - Accused persons absconding immediately after date of occurrence and could not be arrested despite various raids by police authorities - Absconding in such manner and for such long period is relevant consideration - It not only goes with hypothesis of guilt of accused..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Leave to defend - Amendment of application - Subsequent events sought to be introduced - From the inception of the eviction petition, the respondent has maintained his stand that he is in need of all the three shops on the ground floor of his property - Now that, he has been granted eviction decree in respect of the other two..........
