Motor Vehicles Act, 1988, Section 149 -- Insurance Policy - Additional evidence - After closing of evidence - Once stand of Insurance Company was of denial of issuance of policy, Tribunal should have afforded reasonable opportunity to Company to establish factum of fake and forged document on record - Procedural vagrancies should not be invoked to thwart cause of justice..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Expert opinion - Admittedly, accused denied his signatures on cheque, but said issue not raised in trial Court but same raised in appellate Court - No adverse inference can be drawn because it all depends upon advocate who represent accused and his legal accuman and..........
Natural justice -- No - party be condemned unheard...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Rule 12(3) -- Juvenile - Determination of age - When determinative factors envisaged in R.12(3) of Rules have not been proved, it is duty of Court to determine the age of victim with the help of evidence available on record...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Juvenile - Determination of age - Date of birth mentioned in the school register has no probative value unless either parents are examined or person on whose information entry may have been made is examined - If entry in the school register regarding date of birth is made on the basis of..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Juvenile - Determination of age - Accused declared juvenile only on the basis of statement of principal of school - Neither parents of accused were examined to prove that they got accused admitted in school nor person who filled admission register produced as witness - Inquiry under the Act not..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Day to day delay not explained - Appeal against ex parte decree - Plea that defendant came to know about passing of the decree from plaintiff and said plea not controverted - When substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred -..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Cross examination - Adjournments sought to cross examine witness on one pretext or the other - Defendant acted in a manner to cause colossal insult to justice and to the concept of speedy insult to justice and to the concept of speedy disposal of civil litigation - Petition dismissed with costs of Rs.50,000/- - Non deposit..........
Court Fees -- Court fee of Rs.25 wa affixed in place of Rs.53,300/- required to be paid - Case was adjourned, permitting petitioner to make good deficiency in Court fee - On petitioner failure to do so, case was adjourned for week time and on that day, appeal was rejected for want of court fees - Maxim `justice hurried is justice buried' squarely applies to case -..........
Criminal Procedure Code, 1973, Section 482 -- Order taking cognizance - Revision against - Dismissal - Second judicial review by High Court in exercise of inherent powers - Revisional Court did not commit any illegally or irregularity in exercise of its jurisdiction - Impugned order is just order which has not resulted in miscarriage of justice - Petition dismissed...........
