Motor Vehicles Act, 1988, Section 166 -- Accident - Minor child - Permanent functional disability - Determination of - Appellant sustained grievous and life-altering injuries on head and left leg resulting in a brain haemorrhage and amputation of left lower limb - Upon examination of disability certificate and other medical documents, as also considering nature, extent and..........
Evidence Act, 1872, Section 65B -- Electronic evidence - CDs - Device used for capturing content of CDs not mentioned and produced - Certificate u/s 65-B of the Act is not from person who is custodian of device from which the content of CD copied - Electronic documents rightly not taken into consideration...........
Recovery suit for money -- On basis of mortgage deed - Defendant availed loan of Rs.9 lakhs from plaintiff for purchase of suit property and executed mortgage deed - As per terms of mortgage defendant should redeem mortgage within 24 months after paying principal amount with 18% interest per annum - Defendant contended that he borrowed loan of Rs.6 lakhs and she repaid it..........
Agreement to sell -- Specific performance - Readiness and willingness can be shown through pleadings, documents or by conduct...........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Contemporaneous signatures - Application for comparison of signatures dismissed on the ground that documents containing admitted signatures were not contemporaneous documents - However, High Court has not made any observation with respect to whether document is contemporaneous or not, nor that..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Mere reason that earlier documents could not be placed on record as they inadvertently remained in brief of counsel, is no reason to invoke the provisions of O.7.R.14 CPC ...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Application was filed after about five opportunities were granted to parties to argue the case - Procedure cannot be misused by a party to delay adjudication of case or to fill up lacunae in the case - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Foundational documents relied upon by plaintiff i.e mortgage deed cum lease deed is neither registered nor sufficiently stamped and is therefore, inadmissible - Moreover, plaintiff attempts to secure temporary injunction in effect seeks to restrain rightful owner and purchaser from asserting rights..........
Indian Penal Code, 1860, Section 452, 302 -- Murder - Plea of juvenile - Neither the Headmaster/Principal of the first attended school nor its records would qualify as `public servant' or `public record' or `public document' respectively - The certificate issued by School could not have been taken as conclusive proof of date of birth of Respondent No.2, discarding Form (A)..........
Mutation -- Law as to: (i) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (ii) mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from person recorded; (iii) they neither extinguish nor create title; (iv) mutation in revenue records does not have any presumptive value on..........
