Evidence Act, 1872, Section 138 -- Cross examination of witness exceeded 12 hours - Extension of time for further cross examination - Tribunal held that full and sufficient opportunity to cross examine witness is already given and no further extension of time is warranted - There is no justification in the order passed by High Court in interfering with the directions of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of commissioner - Court cannot assist a party for collection of evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of commissioner - Dispute between parties is with regard to intention of parties behind the execution of agreement - Court cannot assist a party for collection of evidence - Fact whether suit property lie on the common path or not can be established by way of evidence and it is for plaintiff or defendant to stand..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C should be exercised only when strong and cogent evidence occurs against a person from the evidence...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Even in a case where stage of giving opportunity to complainant to file a protest petition urging upon trial Court to summon other persons as well who were named in the FIR but not implicated in the charge sheet has gone, in that case also Court can summon those persons provided during trial..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Law as to: (i) Trial Court has undoubted jurisdiction to add any person not being the accused before it to face the trial along with other accused persons, if the Court is satisfied at any stage of proceedings on the evidence adduced that the persons who have not been arrayed as accused should..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - Inspection by Court or through Court appointed commissioner is resorted to only in those cases where on the evidence led by parties, Court is not able to arrive at a just conclusion or where Court feels that there is some ambiguity in evidence which needs to be clarified by making local..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - Party to suit cannot request Court to collect evidence for him and every party to suit has to stand on his own legs by adducing independent and reliable evidence - Application rightly rejected...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Question regarding negligence which is essential for passing a award in motor Vehicles Accident claim should be considered based on evidence available before Tribunal - However, if police records are available before Tribunal, same can be looked into...........
Indian Penal Code, 1860, Section 354 -- Offence u/s 354 IPC - Quashing of FIR - Prima facie ingredients of offence u/s 354 IPC are not met keeping in view the contents of FIR, statement in the final report of I.O. and statement u/s 164 Cr.P.C of complainant - Record is silent with respect to use of any force, apart from bald assertions of mental and physical discomfort..........
