Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Recovery suit - Leave to defend - Sought on the ground that plaintiff has taken advantage of financial conditions of defendants - Not a single document placed on record by defendants to support their stand - Court must consider grant of unconditional leave in such cases where defendant is able to raise triable issue or..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused took a bribe of Rs.400/- from complainant for activation of telephone connection which was otherwise his bounded duty to perform being JTO Outdoor - Activation of telephone connection was withheld and it was finally activated only after complainant agreed to pay illegal..........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of document - Additional evidence - Party may file additional documentary evidence, which was not earlier filed and mentioned in the list filed along with pleadings, with the leave of Court at the subsequent stage of suit...........
Co-sharers -- Exclusive possession - In absence of documentary evidence, oral evidence regarding exclusive possession is not acceptable especially when suit property was inherited by plaintiff, defendant and other co-sharers equally after the death of their father...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Exclusive possession - In absence of documentary evidence, oral evidence regarding exclusive possession is not acceptable especially when suit property was inherited by plaintiff, defendant and other co-sharers equally after the death of their father - Possession of one co-sharer is considered to..........
Evidence Act, 1872, Section 112 -- DNA test - Property dispute - Relationship of step brothers and sisters denied - DNA test - In the diametrically opposite stands of parties it cannot reasonably fathom as to how the dispute can be readily resolved by oral and documentary evidence alone - To arrive at the truth DNA profile test should be followed which will erase any..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband contended that he is addicted to alcohol & has no source of income - Only inference that can be drawn from such a stand is that he is not willing to maintain his wife - Wife on the other hand also supporting a daughter born out of wedlock & who is of marriageable age - No documentary proof as regards..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Skilled worker - Determination of monthly income - Embroiderer - Cannot be considered as an unskilled work - Minimum wages in Delhi for a skilled worker as on 01.08.2005 was Rs.3589.90/- p.m. - Appellant has claimed that he was earning Rs.4,500/-P.M. from his work as an embroiderer - Held, it is not practical to expect a..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence - S.391 Cr.P.C. speaks of only evidence - It is a clear indication that evidence means both oral and documentary evidence...........
Evidence Act, 1872, Section 3 -- Evidence - Means documentary and oral evidence - Sometimes production of a document alone would be sufficient to prove a particular fact - But in some other cases to prove documentary evidence it may be necessary to adduce oral evidence...........
