Evidence Act, 1872, Section 154 -- Hostile witness - Appreciation of a fact - Court can consider not only the specific part in which witness has turned hostile but also the circumstances under which it happened can also be considered, particularly in a situation where the chief examination was completed and there are circumstances indicating the reasons behind the..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Petition by wife - Wife not having anyone to accompany her across a long distance, is also a relevant consideration in ordering transfer...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Petition by wife - No direction can be issued for video conferencing in a transfer petition...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Dismissal of suit in default for the third time - Utter laxity in pursing the litigation manifest - In such circumstances, it is not open to casually blame Advocate and seek restoration of suit which has not progressed even a step further i.e to the stage of trial - Restoration application rightly..........
Indian Penal Code, 1860, Section 364A -- Kidnapping for ransom - Material on record indicates complete failure on the part of PWs to identify the assailants - PW3 important witness of prosecution not supported the case of prosecution - Car that was used by accused not produced before trial Court at any stage - Nothing on record to establish that PW2 was in captivity of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration that plaintiff is joint owner and in joint possession - Non party to a document is not required to seek annulment thereof - Suit for declaration that transfer deed is not binding is sufficient - No ad valorem Court fee is payable - Application rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for declaration that both registered Wills be declared as null and void - Plaintiff seeking temporary injunction restraining defendant from alienating and transferring suit property during pendency of suit - Appeal against dismissal of application - Restraint order need to be passed in view of..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Stage of trial and relevant time at which application u/s 311 Cr.P.C is filed are important factors to be taken into consideration before invoking power u/s 311 Cr.P.C...........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Accused being Assistant Jailer used to accept illegal gratification from family members of prisoners and if any family member of prisoner refused to pay the bribe, he used to treat them rudely - Call data record and conversion made between accused and other accused persons clearly..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Petitioner filed an application for impleadment, as his easementary rights are being affected - However, easementary right is independent right and same are not a subject matter of suit - Therefore, in case petitioner want to pursue the same, they are always free to..........