Civil Procedure Code, 1908, Section 153, Order 7, Rule 7.and -- Relief not claimed - Can be granted if it is not against the interests of other party - If parties go to trial knowing fully well what is required to prove and adduce evidence in respect of their claims, parties cannot be allowed to say not to look into the evidence when it was considered...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Definite roles not ascribed to the accused - It is not necessary for the prosecution to prove which of the members of the unlawful assembly did which or what act - Mere presence in the unlawful assembly may fasten vicariously criminal liability u/s 149 IPC...........
Insurance claim -- During the accident the car caught fire, resulting in total loss - Neither the FIR was lodged nor informed the fire brigade - Petitioner failed to prove that the car suffered total loss due to the accident - Petitioner entitled to the amount offered by the company...........
Banker's Books Evidence Act, 1891, Section 2(8) -- Bank account statement - True copy - Cannot be treated as certified copy and cannot be acted upon unless it contains an endorsement made by responsible officer of Bank with seal and stamp of Bank as required under S.2(8) of the Act - Such an endorsement is mandatory and not directory - Somebody must speak to the contents..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100 -- Right of private defence - Burden of proof is on accused who sets up the plea of self defence - To prove right of private defence it is not necessary to call evidence - Right of private defence can be proved by reference to circumstances transpiring from the prosecution evidence - Defence must be a reasonable and..........
Consumer Protection Act, 1986, Section 14(1),(d) -- Compensation - The complainant is required to prove the actual loss suffered by him for which the compensation has been claimed...........
Agreement to sell -- Suit for specific performance - Ready and willing - Pleading and proof - It is not necessary for the plaintiff to plead or prove that he had tendered the money to defendant on any particular day or had demanded transfer of property by a registered sale deed...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Murder by more than five persons - Definite roles not attributed to accused - Section 149 applies - Not necessary to prove which of the members of the unlawful assembly did which or what act...........
Insurance Claim -- Discharge voucher - Respondent - Complainant failed to prove that her signature on the discharge voucher taken by misrepresentation fraud or by exercising undue influence or coercion - In the view of the matter, after receiving the amount in full and final settlement of her claim the complainant cannot approach a consumer court for payment of the balance..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Plaint or document relied upon when disclose cause of action then plaint cannot be rejected merely for the reason that such averments are not sufficient to prove the facts stated in the plaint for the purpose of obtaining relief claimed in the suit...........
