Railways Act, 1989, Section 124A -- Accident - Untoward incident - Compensation - Where an official railway inquiry or evidentiary record verifies issuance of a ticket corresponding to date and route of an untoward incident, such verification shall constitute prima facie proof of bona fide travel, shifting evidentiary burden on Railway Administration - Absence of a seizure..........
Railways Act, 1989, Section 124A -- Accident - Untoward incident - Compensation - Deceased died due to injuries sustained on account of fall from train - Initial burden which is cast on claimants to prove that deceased had travelled in train has been discharged by sworn statement made by wife of deceased - Death of deceased would fall within the purview of expression..........
Agreement to sell -- Plaintiff inducted only because of agreement to sell - Relief of specific performance denied to plaintiff - However, plaintiff was compensated for Rs.2 crores and directed to hand over possession to defendant - Plaintiff has been unnecessarily delaying and causing obstruction in execution of decree - He has no locus or justification to hold on to..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Petitioner is registered owner of vehicle which is lying in possession of police since long - Condition of vehicle must be deteriorating - Vehicle released in favour of petitioner on superdaginama/surety bond...........
Criminal Procedure Code, 1973, Section 482 -- Direction to police to file Charge sheet - Cannot be granted...........
Criminal Procedure Code, 1973, Section 172 -- Police diary - Court can use the entries made in diaries for the purposes of contradicting police officer as provided in S.172(3) Cr.P.C. if there is any inconsistency or contradiction arising in evidence - Under S.172(3) Cr.P.C criminal Court may send for diaries and may use them not as evidence, but to aid it in an inquiry or..........
Criminal Procedure Code, 1973, Section 172(3) -- Police diary - Use of police diary by accused - Neither accused nor his agents shall be entitled to call for such diaries nor he or they may be entitled to see them merely because they are referred to by Court as per S.172(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 172(3) -- Police diary - Entries in case diaries are not evidence nor they can be used by accused in Court unless the case comes within scope of S.172(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 172(3) -- Police diary - Denial of right to accused to inspect case diary cannot be characterized as unreasonable or arbitrary - Confidentiality is always kept in investigation and it is not desirable to make available the police diary to accused on his demand...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210 -- Cognizance of offence - After addition of charge u/s 394 IPC - When allegation was that witnesses had made certain statements before Police, which was recorded u/s 161 Cr.P.C, it was duty of prosecution to produce all such statements to Court, which was not done - Trial Court was required to call upon Police to..........
