Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Case has reached its final stage - Transfer of case to another Court at this stage is highly unjustified and improper - Grievance of wife could be adequately addressed by appointing a Commissioner for recording evidence - Moreover, in mediated settlement agreement, wife had expressly agreed to fully..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Functional disability - Appellant had produced a certificate wherein disability was assessed at 60% by doctor who was examined as PW2 - Only skin grafting was fixed at 50% by Tribunal - High Court without any appeal by Insurance Company reduced disability to 40% which was improper - Disability of 50% as..........
Civil Procedure Code, 1908, Section 100(5) -- Second appeal - Substantial question of law - Law as to : (i) substantial question of law must be grounded in the parties pleadings and findings of lower Courts - Thus, it must be exercised if it is so fundamental that it goes to very root of matter; (ii) Jurisdiction to frame a new question of law is exceptional and should not..........
Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Delay should not be condoned as a matter of routine without sufficient reasons - Court while condoning delay has to record reasons for its satisfaction and same must reflect in the order - Extension of period of limitation merely on ground that it is necessary to do so in the interest of justice and not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Wholesale rejection of plaint without appreciating that reliefs claimed flowed from multiple and distinct causes of action particularly one arising after revocation of power of attorney amounts to an improper application of O.7.R.11 CPC...........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Offence u/s 8 of Act does not require accused himself to be a public servant - However, prosecution must establish that: (i) an undue advantage was given or promised; (ii) same was intended to induce or reward a public servant; and (iii) there existed an element of improper performance of public duty...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application Court not considered three basic issues i.e. suit is barred by limitation, suit not disclosed cause of action and lastly on the basis of insufficient Court fee on the basis of improper valuation - Order rejecting application set aside - Matter remitted back to trial Court for..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - No right to relief sought against petitioner in the suit - Even, petitioner has failed to show that effective decree cannot be passed in her absence - If the petitioner is impleaded in the suit, scope of suit for permanent injunction will be enlarged to a suit for title..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Capital punishment - Appreciation of evidence - Defence counsel absent on crucial occasions including examination-in-chief and cross-examination of PW-1 - Even, statement of PW-2 recorded without presence of defence counsel - Moreover, accused`s examination u/s 313 Cr.P.C was improper, inadequate and..........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - Grant of leave to appeal - Law as to: (i) Ss.96, 100 CPC respectively provide for preferring an appeal from an original decree or decree in appeal respectively; (ii) said provisions do not enumerate categories of persons who can file an appeal; (iii) However, a stranger cannot be permitted to file an appeal in any..........
