False implication -- No reason emerging from the evidence produced why the family of deceased would falsely implicate the accused - Plea of false implication repelled...........
Motor Vehicles Act, 1988, Section 168 -- Additional Evidence - Revision petition against order passed by MACT, whereby application filed by claimant seeking permission to lead additional evidence dismissed - Taking into consideration the fact that in the claim petition particulars of the FIR were given and Registration number of the vehicle was also mentioned, examination..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Disability certificate - Doctor assessed 75% disability - High Court took it as 50% without any rhyme or reason - Held, Court has discretion to accept either totally or partially or reject the certificate so produced but it can be done only by assigning cogent and acceptable reasons - Disability suffered by..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Appeal - There was no evidence in support of the pleading - No issue was framed - Point was never raised in Court below - Documents sought to be produced as additional evidence after more than 39 years - None of the circumstances mentioned U.O.41.R.27 is applicable - Held, appellants cannot be allowed..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque whether issued in the personal capacity or as proprietor of the business concern - Production of account books - Account books need not to be produced when neither any question is asked during cross examination nor such documents were sought to be produced...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by sole proprietor - In cause title it is mentioned that complaint is filed by "M" representing M/s Traders "N" Traders, a proprietary concern as its proprietor - Held, no further evidence is needed on behalf of appellant-complainant - Further no reply notice has been issued by..........
Insurance claim -- Repudiation - Suppression of material facts - Burden on proof - Concurrent findings recorded by the District Forum and the State Commission that the respondents-LIC had failed to prove that the deceased has suppressed information relating to his illness - The finding based on appreciation of the oral and documentary evidence produced by the parties -..........
Insurance claim -- Repudiation - Suppression of material facts - Burden on proof - Concurrent findings recorded by the District Forum and the State Commission that the respondents - LIC had failed to prove that the deceased has suppressed information relating to his illness - The finding based on appreciation of the oral and documentary evidence produced by the parties -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Copy of `Rojnamcha' and log book of vehicle not produced during trial - Unrebutted oral evidence available on record cannot be brushed aside only by the reason that it was not corroborated by some documentary evidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Defence plea of false implication - Not taken at the earliest opportunity when he was produced for remand - This is an afterthought taken as a defence during trial...........
