Constitution of India, 1950, Article 21 -- Speedy trial - Speedy trial is part of reasonable, fair and just procedure guaranteed u/Art.21 - Constitutional right cannot be denied even on plea of no, availability of financial resources - Court is entitled to issue directions to augment and strengthen investigating machinery, setting-up new courts, building new court houses,..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of case - Suit for declaration - High Court while dismissing the appeal and suit as partly decreed by Trial Court held that plaintiff was not able to prove his title to land in suit due to no, examination of his vendor - All that High Court in such circumstances should have done was to remand the case to trial Court..........
Evidence Act, 1872, Section 3 -- Circumstantial evidence - When an incriminating circumstance is put to accused and he either offers no explanation or offers an explanation which is found to be untrue, then same becomes an additional link in the chain of circumstances to make it complete...........
Criminal Procedure Code, 1973, Section 215, 216 -- Framing of additional charges - Examination of witnesses - If any charge is added in during the course of trial, it is the duty of Court to summon all witnesses conversant with facts pertaining to additional charge to adduce evidence afresh only on that point - Accused then ought to be given opportunity to cross-examine..........
Service -- Dismissal from service - Submission of forged certificate for claiming additional monetary benefits - Tribunal on the basis of evidence, found that employee was fully aware of the fact that document was a forged one - Employee dismissed from her services by Disciplinary Authority - Punishment was upheld by Appellate Authority and Tribunal - High Court committed..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Claimant failed to prove that he was an employee of respondent - Claimant did not summon his employer but chose to take that chance probably he would not have supported him - Onus was heavy upon claimant and he was to prove that owner was employer - Since claimant had failed to prove his employment, it..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Land acquisition proceedings - Neither Trial Court refused to receive the evidence nor it can be said that evidence sought to be adduced was not available despite the exercise of due diligence - Evidence not necessary to pronounce the judgment - Additional evidence cannot be permitted to fill the lacuna..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar to subsequent suit - High Court in revision holding that suit is barred by O.2.R.2 CPC - But in the judgment there is no mention that plaint in the earlier suit is proved - Matter remitted back - In case plaint in the earliest suit is not brought on record and proved, prayer for amendment shall not be entertained to bring..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence when not in knowledge or could not be produced even after exercise of due diligence, then additional evidence should be allowed...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Document sought to be produced by way of additional evidence not in knowledge of plaintiffs and came to their notice subsequently - Application filed by plaintiffs cannot be said to be filed with malafide intention - However, no reason mentioned by trial Court as to how document in question not relevant for..........
