Wish you all a happy and prosperous New Year. 
God bless you all with great health, wealth and prosperity .
                                                                                                                  with regards


Apex court has held that by way of amendment, admission made in pleadings and particularly in the plaint cannot be sought to be omitted or got rid of. The Court further observed that a prayer for amendment of the plaint stand on different footing. The relevant observations of the Court are set out as under: "19. ..a prayer for amendment of the plaint and a prayer for amendment of the written statement stand on different footings. The general principle that amendment of pleadings cannot be allowed so as to alter materially or substitute cause of action or the nature of claim applies to amendments to plaint. It has no counterpart in the principles relating to amendment of the written statement. Therefore, addition of a new ground of defence or substituting or altering a defence or taking inconsistent pleas in the written statement would not be objectionable while adding, altering or substituting a new cause of action in the plaint may be objectionable.

2017 A.P. DIGEST - 8


1.  Whether Section 90 of the Evidence Act, 1872, is applicable to
the proof of a Will and the failure to apply the same by the Courts below
is a perverse and unsustainable conclusion even concurrently and same
is devoid of merits and even if so, for not specifically raised in the Courts
below, whether open to raise and to consider in the second appeal?

     2.  Whether it is the wording of Section 63 of the Indian Succession
Act, 1925 that is required to be reproduced by a witness in proof of a Will
i.e., one of the attestors required to be examined or it is to be construed of
the twin requirements from a reading of the evidence as a whole in
appreciation with facts and law and, if so, the conclusions arrived by the
Courts below of the Will is not proved by satisfying the twin requirements
of Section 63 of the Act are perverse and unsustainable?

     3.  Whether the Will is shrouded with suspicious circumstances
even same either under Section 90 of the Evidence Act, if at all to apply,
and even ot…


2017 - AP HIGH COURT DIGEST - JUNE 5 Whether the investigating officer can grant station bail to accused while dealing with him under Sec.41-A Cr.P.C when the offence is a special Act offence under ST & SC Act?- yes-

2017- A.P. DIGEST - JUNE 4

five accused were acquitted of the
charge under Section 302 read with 34 IPC. -
Moreover the viscera contain mercury metallic
poison along with Ethyl alcohol.  According to
P.W.10, mercury is a corrosive substance and it
caused damage to the lips, mouth, throat and
oesonghages.  But, there is no corrosive
appearance on the lips, mouth and throat of the
deceased to fix up the liability against the
accused that they poured manocrotopas mercury  
metallic poison in the mouth of deceased and
killed her.
On a careful appreciation of the entire oral and
documentary evidence on record and the reasons assigned by  
the trial Court, we are of the opinion that the prosecution has
miserably failed to prove the guilt of the accused beyond all
reasonable doubt and that the trial Court has rightly
acquitted all the accused of the charge framed against them.