Civil Procedure Code, 1908, Order 16, Rule 1 -- List of witnesses - If a party of its own, without issuing summons from Court, wants to examine a witness then same cannot be disallowed for the reason that his name is not mentioned in the list provided earlier...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 120B, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Bail - Rape - Victim is a minor girl aged about 14 years - Applicant is the father of victim - Victim identified applicant as principal offender who trafficked her for money - Offence in question is grave and..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 16(6) -- Appeal - Appellate Tribunal shall make all endeavours to decide appeal within one month from the date of receipt of appeal - In the instant case, appeal has been received in the office of appellate Tribunal on 17.8.2023 and till date, it is still undecided - Appellate Tribunal directed to..........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Adulteration - Sample of moong dal - Synthetic food colour of tartrazine was used on the sample - Said food colour is a permitted synthetic food colour - Conviction of accused u/s 16 of the Act is thus, erroneous - Conviction and sentence set aside...........
Court Fees Act, 1870, Section 16 -- Bona fide mistake in purchase of Court fee instead of non judicial stamp paper - Refund - Court fee purchased remained unused and may not be required by petitioner in near future - Petitioner allowed to return unused Court fees and obtain refund of money thereof...........
Civil Procedure Code, 1908, Order 16, Rule 14 -- Court witness - Court is not obligated to invoke power U.O.16.R.14 CPC at the instance of parties and parties have no right to move an application under said rule - However, either of parties can bring to notice of Court the necessity for examining any person as Court witness - If Court is satisfied about such a necessity to..........
Railways Act, 1989, Section 124A, Railway Claims Tribunal Act, 1987, Section 16 -- Accident - Bona fide passenger - Compensation - Conclusion in post mortem report as to time of death are approximations - A margin of error of about half a day in cases where compensation is at issue is not disproportionate, where evidence is otherwise corroborated by material on record...........
Railways Act, 1989, Section 124A, Railway Claims Tribunal Act, 1987, Section 16 -- Accident - Bona fide passenger - Compensation - Initial burden that deceased was travelling on the train and his death was caused by fall during the course of his travel was discharged by appellant - Burden of proof then shifted to Railways which has not been discharged by them - Presumption..........
Civil Procedure Code, 1908, Order 16, Rule 10 -- Witness - Non appearance - Where a witness fails to comply with summons of Court and evidence of said witness is material, then in such a situation, Court is required to take coercive steps including issuance of warrants, moreso when party leading its evidence has done all that is in their hand for summoning them through the..........
Civil Procedure Code, 1908, Section 89, Court Fees Act, 1870, Section 16 -- Refund of Court fee - Compromise - Compromise has been entered into between parties before Mediation and Conciliation Centre - Applicant is entitled to refund of Court fee...........
