Telegraph Act, 1885, Section 16(3) -- Enhancement of compensation on account of damages suffered by erection of transmission lines and towers - In the process of determination of compensation, evidence will have to be led by the parties - Unless statutory remedy of appeal is provided where all issues of law and facts can be re-examined, any other remedy may be illusionary...........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Summoning of defendant as plaintiff's witness - Plaintiff can seek to summon defendant as his witness but same cannot be allowed as a matter of right and Trial Court is required to consider the purpose for which, witness is proposed to be summoned and thereafter consider application by assigning proper reasons...........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Summoning of opponent as a witness - Not desirable judiciously - However, in case Court comes to conclusion that opponent's evidence is necessary then to summon the opponent as a witness...........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Compromise - Compromise has been entered into between parties before Mediation and Conciliation Center - Parties are entitled to refund of Court fee...........
Court Fees Act, 1870, Section 16 -- Suit by indigent person - Compromise - When suit and appeal filed by indigent person is compromised, realisation of Court fee shall be avoided since same is otherwise refundable taking into account of compromise...........
Arbitration and Conciliation Act, 1996, Section 16, 37 -- Arbitral award - Whether an arbitral award rendered under the Act, 1996 where the arbitration proceedings was to be governed by the MP Act, 1983, can be set-aside or annulled solely on the ground of lack of jurisdiction, even when no such plea was raised before the arbitral tribunal in terms of Section 16..........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Out of Court settlement - Benefit of refund of Court fee can be extended in any kind of settlement of dispute outside the Court - Plaintiff is entitled for refund of Court fee...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 16 -- Contraband - Intermediate quantity - Appellant was convicted for being in possession of 15 kgs and 200 grms of choora post (poppy straw) - He is not involved in any other case and has already undergone an actual sentence of 2 months and 6 days out of 2 years R.I. - Since there is no minimum punishment..........
Civil Procedure Code, 1908, Order 16, Rule 2 -- Summoning of a witness not named in list of witnesses - Court can allow a party to produce a witness though not named in list of witnesses - Order rejecting application set aside - Trial Court directed to issue summons to proposed witness to record his evidence...........
Civil Procedure Code, 1908, Order 16, Rule 14, 15 -- Application U.O.16.Rr.14, 15 for summoning witness alongwith a document - Crux of dispute between parties has nothing to do with proposed witness and proposed document - Issues are not with reference to any fact concerning proposed witness and document - Application rightly dismissed...........
