Criminal Procedure Code, 1973, Section 340 -- For Initiating the proceedings under Section 340 of the Code two conditions must be fulfilled - Firstly, that sufficient material is produced before the Court to make out a prima facie case for lodging a complaint - And secondly that it is expedient in the interest of justice to permit such a prosecution...........
Motor Vehicles Act, 1988, Section 2(14), (47), 66 -- Karnataka Motor Vehicles Taxation Act, 1957, Sections 3(2), 4 and 16 - Transport vehicle - Goods carriage - Tractor-trailer - Whether the taxation authority under the Karnataka Motor Vehicles Taxation Act, 1957, was right in taxing the "tractor-trailer" as a separate and distinct vehicle, different from a tractor and..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Deletion of O.18.R.17-A does not disentitle production of evidence at a later stage - On a party satisfying the Court that after exercise of due diligence that evidence was not within his knowledge or could not be produced at the time the party was leading evidence, Court may permit leading of such..........
Civil Procedure Code, 1908, Order 21, Rule 21 -- Execution - Money decree - Simultaneous execution for arrest of J.D. and also to proceed against his property - It is almost a rarity - Even in the limited situations, which permit such a course, discretion is to be used, more to refuse it, than to accord permission...........
Circumstantial evidence -- In order to base a conviction on circumstantial evidence, each and every piece of incriminating circumstances must be clearly established by reliable and clinching evidence and the circumstances so proved must form such a chain of events as would permit no conclusion other than the one of guilt of the accused and the circumstances cannot be..........
Evidence Act, 1872, Section 154 -- Hostile witness - A witness cannot be declared hostile even prior to his examination as a witness in the case - Courts cannot presuppose that there is every likelihood that witness will turn hostile and will not support the case - There must be something concrete before the Court to come to a conclusion that it should permit..........
Motor Vehicles Act, 1988, Section 99 -- Transport Services - Grant of route permit - Formulation of approved scheme - Covering muffusil service - Total exclusion of private operators including operators on town service routes in the approved scheme and even routes overlapping with the notified mofussil services stood covered - Held that unable to accept the conclusion of..........
Motor Vehicles Act, 1988, Section 99 -- Transport services - Grant of route permit - Notified routes - Formulation of Scheme - Exception 2 in the note appended to the scheme is: "the existing town services operating on the notified routes" Held that only existing operators on the notified routes are eligible for permits - Fresh applicants or future applicants are totalling..........
Motor Vehicles Act, 1988, Section 2(31), 2(38), 2(40) -- Transport services - Permit - Route - Stage Carriage - Mofussil service - Town Service - The word `mofussil service' suggest that the service covers a long distance having several stages (points) on the route - Long routes are divided into various stages for purposes of fixing fares from one stage to the next stage..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 2 -- (As in P&H) - Additional evidence - Court can permit adducing of additional evidence either on its own accord or on an application of a party subject to the condition that good reasons are required to be recorded...........
