Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101, Legal Services Authorities Act, 1987, Section 21, 22E -- Execution - Award of Lok Adalat - Executing Court can address questions which arise incidentally in the course of working out execution, such as whether and to what extent decree can be enforced against a particular person in possession and in what manner -..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - In the garb of rebuttal evidence plaintiff cannot reopen his affirmative evidence...........
Bharatiya Sakshya Adhiniyam, 2023, Section 72 -- (Evidence Act, 1872, S.73) - Comparison of signatures by Court - Burden to prove disputed writing was squarely upon plaintiff - Stage to lead such evidence was when plaintiff's affirmative evidence was led and not at the stage of rebuttal - Plaintiff has already examined witnesses to prove writing - Having closed his..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Disbursement of amount - Appellant/Mother of deceased accepted the cheque of Rs.1 lakhs without any protest and demur - Not only appellant voluntarily received said amount but she also put her signature on the order sheet confirming receipt of amount - Appellant now cannot reopen or dispute the factums of..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Suit dismissed as withdrawn - Seven plaintiff never contested this fact - Their silence over such a material issue for over two decades supports the inference of a concluded compromise - Unexplained delay of over two years by two applicants suggest that restoration..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Power of transferring such investigation must be in rare and exceptional cases where Court finds it necessary in order to do justice between parties and to instil confidence in public mind, or where investigation by State police lacks credibility and it is necessary for having a fair, honest..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife suffered an ex parte divorce decree on 7.6.2016 and application to set aside ex parte decree has been numbered only on 11.1.2017 - Husband got remarried in the meantime after waiting for six months and begotten two children through second..........
Criminal trial -- Jurisdiction of trial Court in case of remand - Trial Court cannot enlarge its jurisdiction by allowing parties to reopen the matter which are not remanded to it...........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence of defendant - Trial Court gave time of nearly two years for defendants to adduce their evidence and yet they were not careful to obtain the return of original documents from the executing Court and file them in trial Court along with petition U.O.8.R.1-A(3) CPC - Moreover, when the defendants filed the..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for further cross examination - Lack of competence of previous counsel - Not a ground to reopen examination of complainant...........
