Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Plea of juvenility - An entry relating to date of birth made in a school register is relevant only when there is a primary evidence with respect to date of birth available on the record - In other words, there must be material to show as to on what basis entry regarding age was made in school..........
Criminal Procedure Code, 1973, Section 273, 278 -- Recording of evidence in presence of accused - Presence of accused or his pleader is required at the time of recording examination in chief of a material PW - Accused or his Pleader has a right to object to a leading or irrelevant question being asked to witness during chief examination - Therefore, if trial Court permits..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - At the stage of final arguments - Plaintiff sought to produce an excerpt (Intakhab) to prove ancestral nature of suit land - Document essential for just and proper adjudication of matter - One effective opportunity is granted to petitioner to produce the document in question subject to payment of costs of..........
Agreement to sell -- Specific performance - Sale deed not executed despite payment of entire sale consideration - Plea that sale deeds were not allowed by Government not supported by any evidence - Dismissal of suit calls for no interference...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - Where party is denied an opportunity to adduce material evidence in support of its claim, order returning claim petition with an office objection, is liable to be set aside - Matter remitted to executing Court for fresh consideration of claim petition after affording both parties a fair and..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Evidence, facts and circumstances of case shows that factum of involvement of offending vehicle as claimed and asserted by claimants was not proved - Claimants failed to discharge their obligation on this count which was to be the primary step - Even, claimant had failed to prove involvement of Tata Magic..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Oral testimonies of husband and his family, documentary evidence of coercion and castigation of wife lie squarely within the legal framework of cruelty - Moreover, own admissions made by wife through cross-examination, including acknowledgement of her..........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Absence of a suggestion to a witness may not be the deciding factor in determining the outcome of a plea - However, in the wheel of consideration of all facts in issue and their legal implication, the absence of a suggestion constitutes an important cog in the wheel of consideration - Timing, absence of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Court has power and jurisdiction to suit or non-suit a party on adduced pleadings, issues and evidence, but not on a totally new and unexpected case, more particularly at the stage of S.100 CPC...........
Civil Procedure Code, 1908, Section 100, Evidence Act, 1872, Section 67 -- Second appeal - Introducing S.67 at the stage of second appeal does not merely raise a new legal argument - Rather it creates an entirely new case for the plaintiffs...........
