Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Permanent disability - Appellant suffered permanent disability of 55% - Appellant sustained a significant head injury - This neurological impairment has had a profound adverse impact on individual's functional capacity, particularly in performing routine occupational activities and responsibilities of..........
Evidence Act, 1872, Section 137, 138 -- Re-examination - Permission of Court is required if new matter is required to be introduced to elicit the truth in the matter or explain any new issue properly and adverse party may further cross examine on that matter...........
Evidence Act, 1872, Section 114 -- Adverse inference - Non-appearance of plaintiff in the witness box - Presumption can always be drawn against him that case pleaded by him, is not correct - However, it is a rebuttal presumption - If said presumption is successfully rebutted by other cogent evidence on record, said presumption would not be material and applicable...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Mere apprehension of adverse order cannot be a ground for transfer...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Interim maintenance - Income of husband - Court can draw adverse inference against a husband, who despite being given ample opportunities fails to file an affidavit disclosing his income and assets...........
Evidence Act, 1872, Section 106 -- Burden of proof - Murder - Any adverse inference u/s 106 of the Act is to be drawn against accused when prosecution has been able to establish the case beyond a reasonable doubt...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Plea of adverse possession - Appellate Court cannot entertain a plea of adverse possession first time raised during appeal and cannot record its finding, where no issues were framed and no evidence was led at the stage of trial...........
Adverse possession -- Plea of adverse possession is a fact-intensive claim that must be specifically pleaded and proved at the trial stage...........
Adverse possession -- Suit for declaration of title and permanent injunction - Plaintiff's title/ownership to suit property is clearly established through registered sale deed, mutation, issuance of patta and approved building map in favor of plaintiff - It therefore, demonstrate possession under lawful title and do not reflect hostility required for adverse possession -..........
Criminal trial -- Castigating remarks by Court - Special court passed adverse remarks against petitioner and another individual but petition was only filed by petitioner - Merely because individual does not raise a petition to get castigating remark expunged, like presented by petitioner, it cannot be said that castigating remarks passed by Court specifically against him..........
