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..........
Arbitration and Conciliation Act, 1996, Section 34, 11 -- Arbitral award - Challenge as to - Once Court while adjudicating application u/s 11 of the Act gave a finding of existence of a valid arbitration agreement, right or wrong that decision should bind the parties when they have not challenged the same and even also be bound during subsequent stages of proceedings which..........
Constitution of India, 1950, Article 226 -- Writ petition - Maintainability - Availability of alternative remedy - Where facts so justify, Court retains full discretion to entertain and decide a writ petition notwithstanding availability of an alternative remedy...........
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..........
Guardians and Wards Act, 1890, Section 25 -- Custody of children - In matters of custody, paramount consideration is welfare of children but nonetheless there are a host of other factors which weigh before Court while passing final order of custody which may include the conduct of parties, their financial capacity, their standard of living, as well as comfort and education..........
Guardians and Wards Act, 1890, Section 25 -- Custody of children - Petition by husband - Wife had travelled and moved minors to India without consent of father, who was guardian and without obtaining original passports from him but rather by procuring fake or duplicate or fresh passports while original already existed for travel purposes - However, High Court while..........
Specific Relief Act, 1963, Section 28 -- Application u/s 28 of Specific Relief Act - Has to be dealt with by trial Court only - Even when application is filed before Executing Court, then same must be transferred to file of suit before dealing with the application...........
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..........
