Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Compensation/damages - Damages cannot be awarded merely on presumptions or whims and fancies of complainant - To make out a case for award of damages especially when claim is to the tune of crores of rupees, some trustworthy and reliable evidence has to be led...........
Civil Procedure Code, 1908, Order 18, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Additional evidence - To receive original documents in the form of certified copies of sale deeds and to mark the same as additional documents - Plaintiffs failed to explain as to why documents in question could not be filed earlier before his evidence was closed despite..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Specific pleadings made qua cause of action in plaint - Whether facts as pleaded are true or not is a matter of evidence - No finding definitely can be recorded to said effect while deciding an application U.O.7.R.11 CPC - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Opinion of investigating agency does not bind Court and Court may independently exercise powers u/s 319 Cr.P.C., yet investigative conclusion remains a relevant circumstance in assessing whether evidence recorded during trial truly crosses higher evidentiary threshold...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Legal principles governing are : (i) Court can recall any witness at any stage of proceedings & even at the stage of writing judgment if such recall is found necessary for proper adjudication of case; (ii) Recall of a witness is primarily intended to enable Court itself to clarify any ambiguity, doubt..........
Evidence Act, 1872, Section 137, Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for re-examination - Prayer for re-examination is confined strictly to clarifying ambiguity arising from statement made by a witness during cross-examination which stands at variance with his affidavit and other evidence on record and does not seek to introduce any new..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Neither any oral evidence nor any document of sickness of wife has been produced - Rather, family Court found that after marriage, husband got government job and since wife was an illiterate and uneducated woman, he was not agreeable to continue conjugal relation with her and filed divorce..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - O.7.R.14(3) CPC places a procedural embargo on reception in evidence of documents which were required to be produced or listed at the time of presentation of plaint but were not so produced - However, provision itself confers discretion upon Court to grant leave for production of documents at..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife had led clear, consistent and cogent evidence establishing a continuous course of mental cruelty at the hands of husband - Her sworn testimony was not only coherent and trustworthy but stood fully corroborated by undisputed judicial records including multiple proceedings under Cr.P.C..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Probative value of evidence and credibility of witness is not to be examined by Court while considering bail application of accused...........
