Criminal Procedure Code, 1973, Section 173(5) -- Additional documents - CDs not produced along with supplementary chargesheet - CDs were referred to in supplementary chargesheet - After the report of CFSL was received, supplementary chargesheet was filed for placing on record said report - Therefore, when CDs were sought to be produced they were not new articles - There..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Challenge thereto - Plaintiff failed to prove that compromise decree was result of any fraud or misrepresentation or that her thumb impressions were obtained on pretext of obtaining loan from bank - Since there was not any kind of fraud or misrepresentation to plaintiff, subsequent Court could not set..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Petitioner has been incarcerated for a period of more than four years - Complainant's evidence has also been recorded - Application for bail is pending before High Court for a long time - High Court adjourned the matter on 27 occasions - In the matters of personal liberty, High Courts are not expected to keep..........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - Though power u/s 216 Cr.P.C to alter or add existing charge is very wide, to exercise said power, there must be some material existing before Court which has some connection or link with charge sought to be added...........
Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty - Petition by wife - Plea of mental illness taken by husband - Husband never wanted a next friend for himself, as he choose not to invoke the jurisdiction of Court under provisions of O.32.R.15 CPC - It shows that case of husband of mental illness is one being projected as desperate defence to get over the..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 20 -- Plea of juvenility - S.20 of the Act enables Court to consider and determine juvenility of a person even after conviction by regular Court...........
Commercial Courts Act, 2015, Section 12A -- Pre-institution mediation - Order granting dispensation of mandatory requirements of pre-institution mediation - No reasoning was assigned by Commercial Court while dispensing with mandatory requirements of application u/s 12-A of the Act - Rather contents of application u/s 12-A of the Act are contrary to reasoning assigned..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deceased was a pensioner and there was no evidence of any independent source of income - High Court has rightly held that amount being received by widow as family pension had to be deducted - Reduction of deceased's income from Rs.22,712 per month to Rs.6,500 per month upon scrutiny..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Driver of offending vehicle wholly responsible for accident - Both MACT and High Court have awarded only 10% towards future prospects - Quantum of compensation awarded by High Court is modified by restoring verdict of MACT with regard to 100% negligence attributable to driver of offending..........
Criminal Procedure Code, 1973, Section 82, 83, 84 -- Attachment of property of accused - Objections - If a third party raises an objection prior to attachment of property, Court has to decide the same and if Court comes to conclusion that property does not belong to accused, Court can pass an order, either declining to attach property or withdraw attachment order...........
