Bharatiya Sakshya Adhiniyam, 2023, Section 72 -- (Evidence Act, 1872, S.73) - Comparison of signatures by Court - S.72 BSA permits Court to obtain specimen signatures at any stage and such power is discretionary and must be exercised judiciously - It cannot be exercised to enable a party to patch up gaps in its case after having closed its evidence...........
Bharatiya Sakshya Adhiniyam, 2023, Section 72 -- (Evidence Act, 1872, S.73) - Comparison of signatures by Court - Burden to prove disputed writing was squarely upon plaintiff - Stage to lead such evidence was when plaintiff's affirmative evidence was led and not at the stage of rebuttal - Plaintiff has already examined witnesses to prove writing - Having closed his..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW5 for further cross-examination - PW5 is a material witness and credibility of testimony of PW5 is going to have far reaching effect on outcome of case - Since at the time of cross-examination due to inadvertence or otherwise accused could not cross-examine PW5 qua some relevant aspect, in order to dispense justice..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Non-adding of future prospects - Appellant did not file any appeal to challenge the judgment and order of Tribunal - It was insurance company who approached High Court - Therefore, it would not be permissible for Supreme Court to go into the ground of non-adding of `future prospects' raised by appellant and..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Appellant was 20 years old at the time of accident - Multiplier of 18 as applied by High Court held, proper considering Pranay Sethi case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of claimant - Appellant was a final year B.Com student who had also enrolled with Institute of Chartered Accountants at the time of accident - Even if he had not obtained certificate as a Chartered Accountant upon graduation, he could have been employed as an Accountant, who would..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Commercial dispute - Bar of civil Court jurisdiction - Commercial dispute of a specified value which is cognizable only by Commercial Court and not by Civil Court - Plaint rightly returned for presentation to proper Court of jurisdiction...........
Will -- Proof of - Plaintiff has not filed original Will and has only filed its certified copy - No reason furnished by plaintiff as to why original Will was not produced by him in trial Court - Plaintiff was bound to prove original Will and if that was lost, destroyed or was not in his possession, only then plaintiff could have filed certified copy of Will but that was..........
Evidence Act, 1872, Section 68, 69 -- Will - Attestation - If a document is required by law to be attested then it shall not be used as evidence until one attesting witness has been examined before Court for proving its execution if he is alive and capable of giving evidence - However, where no attesting witness can be found, then propounder of Will is bound to prove the..........
Will -- Proof of - There are two attesting witnesses of alleged Will, but plaintiff has not examined any of them in order to prove execution of Will - One of attesting witness is alive, but she is not examined or she is not willing to appear in Court, as such, Will has not been proved in accordance with S.68 of Evidence Act - Since, one attesting witness of alleged Will..........
