Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Documents sought to be produced is the affidavit in evidence of respondent's son in another trial - However, necessary pleading is not available in the plaint with regard to affidavit in evidence or contents thereof - Petitioner can use the evidence on affidavit during course of cross-examination..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere statement of complainant reiterating the contents of FIR/complaint not substantiated by any credible material cannot be a ground to invoke the discretionary and extraordinary power of Court to summon an additional accused u/s 319 Cr.P.C...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Deficiency in service - Complaint against producer of a movie that contents of promotional trailer are not shown in the movie - Promotional trailer is unilateral and that by itself is not an offer and neither intends to nor can create a contractual relationship - It is only meant to encourage a viewer..........
Consumer Protection Act, 1986, Section 2(1)(r)(1) -- Consumer complaint - Unfair trade practice - Complaint against producer of a movie that contents of promotional trailer are not shown in the movie - Promotional trailer does not fall under any of the instances of "unfair method or unfair and deceptive practice" contained in S.2(1)(r)(1) of the Act that pertains to unfair..........
Will -- Probate - Witnesses of Will stated that at the time of execution of Will testator was in a good physical and mental health and he voluntarily completed all formalities of Will and his signature has been identified by witnesses - Testator executed the Will without any coercion and pressure, fully understanding the contents of Will - There appears no suspicious..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302 -- Framing of charge u/s 302 IPC - Trial Court while framing charge u/s 302 IPC has not prima facie considered the statement of witnesses u/s 161 Cr.P.C and contents of postmortem report regarding death of deceased and nature of injuries of deceased given in post mortem report - No sufficient..........
Protection of Children from Sexual Offences Act, 2012, Section 8, Indian Penal Code, 1860, Section 354B, 448 -- Sexual assault - Mother of victim corroborated the contents of written complaint and she stated that victim narrated the whole incident to her and thereafter she also narrated the same to her husband - Alleged sexual assault could not be disputed in spite of..........
Evidence Act, 1872, Section 92 -- Oral evidence to contradict the contents of document - Agreement to sell - Alleged to be a loan transaction - Oral evidence to contradict agreement to sell is permissible...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Contents of suicide note does not indicate any act or omission on the part of accused which could make him responsible for abetment as defined u/s 107 IPC - Suicide note of deceased shows that he was frustrated on account of work pressure and was apprehensive of various random factors unconnected to his official..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Accused signed the cheque - Opinion of handwriting expert with regard to the age of ink used in making the signature on the cheque and the age of the signature and contents of cheque - Application filed by accused wholly frivolous and trial Court had rightly rejected the..........
