Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - If there is no substantive material and genuine reasons disclosed in application u/s 311 Cr.P.C. invoking power of Court under said provision and only to mention therein that since some very relevant questions were leftover inadvertently which are necessary to bring on record the witnesses may be recalled..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application for leading additional evidence has been considered by Appellate Court without examining the aspect as to whether additional evidence proposed to be led was in consonance with pleadings of defendant and whether such case had been set up by him coupled with the fact that..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is a Director of a Company and is also a Doctor who has been receiving regular dividends - Fact that wife has received substantial monies for last three financial years is also not in dispute - Husband has stated that he is willing to meet educational expenses of his son and is also willing to pay the..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Merely because convicted person filed an appeal challenging his conviction, Court should not suspend operation of conviction and Court has a duty to look at all aspects including ramifications of keeping such conviction in abeyance...........
Environment clearance -- National Green Tribunal (NGT) should act within contours of powers conferred on it which is S.15 of the NGT Act - Though such power would be available to a Court constituted under PMLA or to constitutional Courts, it would not be available for exercise by NGT, constituted to ensure effective and expeditious consideration of cases relating to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Loss of enjoyment of life and amenities - Tribunal granted an amount of Rs.3 lacs towards loss of enjoyment of life and amenities - High Court set aside said amount without assigning any reason whatsoever - In the light of permanent disability suffered by claimant, award of an amount of Rs.3..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Head of pain and suffering to family members - Tribunal had awarded an amount of Rs.3 lacs towards pain and suffering to family members of claimant - High Court set aside grant of compensation under said head without assigning any reason - When Tribunal had awarded compensation under head of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Grant of compensation for loss of future income is a distinct head from one under which compensation is granted for permanent disability - Fact that claimant suffered 100% permanent disability and was living in a vegetative state, High Court was not justified in setting aside grant of..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Complainant cannot claim as a matter of right to seek alternation of charges before Court - However, if such an application is filed by complainant, Court can consider it on its own merits..........
Evidence Act, 1872, Section 45 -- Expert opinion - Opinion of an expert including a medical board, is not binding on Court, but is merely advisory in nature - While expert opinions are relevant and may assist Court but Court retains responsibility of framing its independent judgment based on evidence available on record...........
