Constitution of India, 1950, Article 226 -- Writ petition - Merely urging a ground under the heading `GROUNDS', which is in the nature of a submission before High Court without anyone (having full knowledge of proceedings before Tribunal and knowing precisely the points raised) taking responsibility of making a statement on oath by verifying it as true to his knowledge..........
Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Violation of - DHs had failed to establish violation of compromise decree by JDs - Burden of proving violation of decree rests squarely on DHs - In the absence of cogent proof of such violation, execution cannot be sustained - Burden of proof, which lay upon DHs, had not been discharged - Executing..........
Family Courts Act, 1984, Section 14 -- Family Court - Family Court may receive as evidence any report, statement, documents, information or matter that may, in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under Evidence Act, 1872...........
Family Courts Act, 1984, Section 14 -- Family Court - Matrimonial dispute - Evidence Act is not strictly applicable in matrimonial cases and Court had been given authority to receive any report, statement, documents in evidence to find out the truth...........
Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 14, Evidence Act, 1872, Section 65B -- Decree of divorce on ground of adultery on the basis of photographs which were secondary evidence and no certificate u/s 65-B of Evidence Act was filed - Photographs were in the mobile phone of wife which were transferred in mobile phone of husband and later on..........
Rent and Eviction -- Fixation of rent - Challenge as to - Lessee challenged the fixation of fair rent but did not seek a stay of its operation before appellate or revisional fora - Mere filing of an appeal does not operate as a stay of decree/order under appeal is the statutory ordainment in O.41.R.5 CPC - Payments were made belatedly and only after protracted litigation..........
Rent and Eviction -- Finality of a judicial decision - Judicial decision attains finality if immediate next superior forum is not approached by the party suffering the decree/order of the Court seized of the lis - However, finality of a judicial decision would have no applicability in a situation where a party, despite owing money (unpaid rent, here) to his adversary in..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power vested under provision is made available to any Court at any stage in any inquiry or trial or other proceeding initiated under Cr.P.C for the purpose of summoning any person as a witness or for examining any person in attendance, even though not summoned as witness or to recall or re-examine any..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Where contract of insurance is not disputed even on breach of insurance conditions, Court had allowed recovery of compensation from insurer by giving right to insurer to recover the same from vehicle owner...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Injured minor was 14 years of age at the time of accident - Multiplier of 15 rightly applied by High Court considering Pranay Sethi case...........
