Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty - Petition by husband - No evidence on record that husband has underwent cruelty in the hands of wife - Even, husband has not placed any evidence on record to show that he made efforts to bring back wife to his society - Trial Court has wrongly placed burden on wife that she has not made any efforts for reunion -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Just compensation - Tribunal/Court ought to award just compensation which is reasonable in the facts relying upon evidence produced on record - Therefore, less valuation if any made in the claim petition would not be impediment to award just compensation exceeding the claimed amount...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - Un-registered sale deed - When a document is inadmissible in evidence for want of registration, none of its terms can be admitted in evidence - Trial Court rightly refused to admit the document - Application rightly dismissed...........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35 -- Unregistered document - If the document is required to be registered, an unregistered sale deed cannot be impounded with stamp duty and it cannot be received in evidence that unregistered sale deed cannot be relied upon for sale purpose...........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Prosecutrix was with the appellant for about 20 days, travelling to different places along with him before reaching the final destination - However, she had never made any attempt to resist or raise a cry - There was absolutely no injury on the body of prosecutrix - Evidence of prosecutrix itself is clear that she..........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Leave to file suit - Leave granted by Court u/s 92 CPC is only a preliminary stage and is not conclusive, and at any time, opposite party can move Court to revoke leave granted or dismiss suit after adducing evidence - Initial grant of leave will not affect final decision on merits if parties are to adduce..........
Criminal Procedure Code, 1973, Section 227, 239, 240 -- Discharge - At the stage of formation of opinion u/ss 227, 239, 240 Cr.P.C, Court is not required to weigh the probative value of material brought on record in the golden scale or to presume the prosecution story as gospel truth - Nature and degree of evaluation at this stage is limited to determine whether a prima..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of summoning order - Woman accused - Mere fact that petitioners are women does not by itself constitute a valid ground for quashing summoning order, particularly when allegations against them are specific and supported by prima facie evidence...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 227 -- Issuance of process - Summoning of accused - At the stage of summoning, Court is not required to conduct a detailed appreciation of evidence but only to ascertain whether a prima facie case is made out against accused - Sufficiency of evidence to sustain a conviction is a matter to be determined at trial, not at the..........
Criminal Procedure Code, 1973, Section 156 -- Investigation - In cases where FIR is lodged against unknown persons, and persons made accused are not known to witnesses, material collected during investigation plays an important role to determine whether there is a credible case against accused - In such type of cases, Courts have to meticulously examine the evidence..........
