Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Law as to: (i) Trial Court has undoubted jurisdiction to add any person not being the accused before it to face the trial along with other accused persons, if the Court is satisfied at any stage of proceedings on the evidence adduced that the persons who have not been arrayed as accused should..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - Inspection by Court or through Court appointed commissioner is resorted to only in those cases where on the evidence led by parties, Court is not able to arrive at a just conclusion or where Court feels that there is some ambiguity in evidence which needs to be clarified by making local..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - Party to suit cannot request Court to collect evidence for him and every party to suit has to stand on his own legs by adducing independent and reliable evidence - Application rightly rejected...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Question regarding negligence which is essential for passing a award in motor Vehicles Accident claim should be considered based on evidence available before Tribunal - However, if police records are available before Tribunal, same can be looked into...........
Indian Penal Code, 1860, Section 354 -- Offence u/s 354 IPC - Quashing of FIR - Prima facie ingredients of offence u/s 354 IPC are not met keeping in view the contents of FIR, statement in the final report of I.O. and statement u/s 164 Cr.P.C of complainant - Record is silent with respect to use of any force, apart from bald assertions of mental and physical discomfort..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Defendants failed to present any substantial reason or evidence to challenge the credibility of testimonies of PWs 1, 2 & 4 regarding executing promissory note - Mere denial of receipt of consideration does not constitute a valid defence - Evidence adduced by plaintiff is adequate to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Monthly income of deceased - Monthly income could be fixed taking into account the tax returns only if the details of payment of tax are appropriately brought into evidence so as to enable the Tribunal/Court to calculate the income in accordance with law...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Application filed after the entire witness action of plaintiff is concluded - If plaintiff succeeds in proving his principal issue there is absolutely no need and necessity for framing of additional issue which is sought to be framed after the trial has commenced - Plaintiff has analyzed and..........
Will -- Registration - Mere registration of a Will would not attach to it a stamp of validity and it must still be proved in terms of the legal mandates under the provisions of S.63 of Succession Act and S.68 of Evidence Act...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - High Court while exercising its jurisdiction u/art 226 of Constitution, cannot re-appreciate evidence and arrive at a finding of facts unless the authorities below had either exceeded its jurisdiction or acted perversely...........
