Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross examination - Entire issue involved in the main suit revolving around Will - Recall of witness regarding application submitted by plaintiff No.2 to Tehsildar by enclosing Will and relevant documents is very essential for just decision of case - Reasons stated by defendants for not filing..........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping and murder - PW5 and PW6 have not uttered a single word so as to prove kidnapping as alleged or even that deceased was with them at any point of time in the evening of date of incident - Both PW5 and PW6 have turned hostile - No evidence to either prove kidnapping of deceased or that he was last seen in company..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Non-framing of points for determination - Neither requisite point of consideration on the point of legal necessity is framed nor findings recorded thereon by appellate Court - Appellate Court has simply recorded concurrence with findings of trial Court without delving into evidence and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife lived with husband for around ten days after marriage - She deserted him and was residing separately since 2016 i.e. for last almost ten years - Wife has admitted in her cross-examination that much time had passed since their marriage and they were not in touch with each other and..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Minor child - Determination of income - Direction issued that: When a Tribunal or High Court in appeal, is concerned with case involving a child having suffered injury or having passed away, calculation of loss of income necessarily has to be made on matric of minimum wages payable to a skilled worker in respective State..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Determination of age of victim - Victim was above age of 15 years and below 17 years at the relevant point of time as per medical report - Ossification test report are based upon an opinion given by a radiologist based on appearance of epiphysis and fusion of margins of bones - There would be always..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - Land was acquired for public purpose for establishment of Industrial Area - Lands acquired are situated near T-point of State Highway, acquired land has non-agricultural potential and that a percolation tank just opposite to acquired lands, having sufficient water could be found..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of sole plaintiff - Order passed against dead person is a nullity - Mere fact that counter affidavit was filed by one of legal heirs would not clear the defect of order being passed against a dead person - Without the cause title being amended and legal heirs being brought on record in interlocutory applications at that..........
Will -- Registration - Will may be registered at any point of time, either before or after the death of testator, without prejudice to its validity...........
Recovery suit -- Defendant was set ex parte - Only defence raised by defendant in written statement was that document admitting outstanding amount was not executed by an authorised person - However, apart from said document plaintiff has placed on record relevant invoices - Ledger statement relating to defendant shows a closing balance of Rs.2,21,40,895 - Memorandum of..........
