Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Defendants failed to present any substantial reason or evidence to challenge the credibility of testimonies of PWs 1, 2 & 4 regarding executing promissory note - Mere denial of receipt of consideration does not constitute a valid defence - Evidence adduced by plaintiff is adequate to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Monthly income of deceased - Monthly income could be fixed taking into account the tax returns only if the details of payment of tax are appropriately brought into evidence so as to enable the Tribunal/Court to calculate the income in accordance with law...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Application filed after the entire witness action of plaintiff is concluded - If plaintiff succeeds in proving his principal issue there is absolutely no need and necessity for framing of additional issue which is sought to be framed after the trial has commenced - Plaintiff has analyzed and..........
Will -- Registration - Mere registration of a Will would not attach to it a stamp of validity and it must still be proved in terms of the legal mandates under the provisions of S.63 of Succession Act and S.68 of Evidence Act...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - High Court while exercising its jurisdiction u/art 226 of Constitution, cannot re-appreciate evidence and arrive at a finding of facts unless the authorities below had either exceeded its jurisdiction or acted perversely...........
Transfer of Property Act, 1882, Section 53A -- Part performance - S.53-A of the Act is an exception to the provisions which require a contract to be in writing and registered and which bar proof of such contract by any other evidence - Consequently, the exception must be strictly construed...........
Custody of child -- Issues regarding history of domestic violence and threat to life cannot be gone into at the stage of deciding interim visitation rights, as these are serious allegations which require careful consideration both on facts and evidence...........
Service -- Regularization - Part-time or contractual employee - Long and uninterrupted service of an employee for the periods extending well beyond ten years, cannot be brushed aside merely by labelling their initial appointments as part-time or contractual - Essence of their employment must be considered in the light of their sustained contribution, the integral nature of..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for declaration of ownership and joint possession - Defendants/petitioners sought permission to lead evidence qua unregistered Will in their favour alleged to be executed by deceased - There is no additional issue framed regarding Will - Numerous opportunities had been given to defendants to conclude..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Where uncontroverted allegations in FIR and evidence collected in support of the same do not disclose any offence and make out a case against accused, Court would be justified in quashing the proceedings...........
