Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witness - Proposed evidence would not throw light on the principal issue at dispute as it is only to shake the credibility of witnesses with reference to presence or absence of another person at the time of transaction - Proposed evidence is immaterial and inconsequential to decide the issue - Application..........
Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children born out of void and voidable marriage - Law as to: (i) In terms of S.16(1) of the Act, a child of a marriage which is null and void u/s 11 of Hindu Marriage Act is statutorily conferred with legitimacy irrespective of whether (a) such a child is born before or after the commencement of Amending Act 1976; (b) a..........
Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witness - Suit for declaration of title - All material evidence to decide the title of both the parties is very much essential - Serious dispute about tampering of revenue record basing on which defendant sets up title - Record sought to be summoned and evidence of Tehsildar are very much vital - Order..........
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Summoning of witness - Certified copies of evidence of witness in other proceedings, which are relevant, sought to be confronted with the witness - Court ought to have given an opportunity to mark the same through said witness - Application allowed...........
Civil Procedure Code, 1908, Order 16, Rule 14 -- Court witness - Power U.O.16.R.14 CPC is to be exercised by Court on its own accord and not on insistence by a party to suit - If a party wants a particular individual to be summoned or examined as a witness, it must have recourse to O.16.Rr.1, 1-A CPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 109, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Bail - Kidnapping - Victim has clearly exonerated accused and even her brothers have stated nothing against accused in their statements during the trial of case - Prima facie accused has been able to rebut the..........
Commercial Courts Act, 2015, Section 15, 16 -- Written statement - Applicability of the Act - Time schedule available for submitting written statement under the Act may not have any application pertaining to a written statement submitted before regular civil Court before transfer...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1, 2 -- Summoning of witnesses - Suit for cancellation of gift deed - Gift deed was executed before Sub-Registrar - Examination of Sub-Registrar is necessary for proper and effective adjudication of suit - Application allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Carriers by Road Act, 2007, Section 16 -- Rejection of counter claim - Counter claim against common carrier in respect of claims for damages for the loss of reputation, business opportunity etc. - Such claims are not in connection with damage or loss to the consignment - S.16 of the Act of 2007 does not come into play -..........
Carriers by Road Act, 2007, Section 16 -- Claim of damages against common carrier - Notice to carrier prior to institution of suit - Prior notice is not mandatory when claim is in respect of damages to reputation, business opportunity and not in respect of loss or damage to any consignment...........
