Family Courts Act, 1984, Section 7 -- Return of gold ornaments and money - Wife by oral and documentary evidence proved that gold ornaments and money was given to husband at the time of marriage - Said fact was corroborated by her father - RW2/gold smith also supported the testimony of wife that it was he who had made gold ornaments as directed by father of wife - Both..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To verify existence and condition of house amounts to collection of evidence - Court cannot delegate its jurisdiction to a local Commissioner to adjudicate the disputed questions of facts - Application rightly rejected...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Trial Court has inherent discretion to invoke the power U.O.26.R.9 at any stage during pendency of trial, either before commencement of evidence or even thereafter...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Where Court deems it fit and proper, a local commissioner can be carried out for the purpose of assisting the court based on the report to be submitted by the Commissioner - However, such a report is not meant to collect any evidence but is merely intended to assist the court regarding physical status of..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection/return of plaint - Deficient Court fee - Valuation of suit property is mixed question of fact and law - Even, valuation of property is subject matter of trial and upon determination of exact value thereof exact quantum of Court fee can be arrived at - Moreover, since valuation itself is disputed by defendant, it..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife and two children - Husband was aged about 43 years at the time of filing of application - No contra evidence to prove that husband is suffering from any serious illness - Although wife had filed application u/s 3 of Muslim Women's (Protection of Rights) on Divorce Act, but nothing on record..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Relationship between parties of landlord and tenant not in dispute - Plaintiff had issued the notice demanding vacant possession of tenanted premises and payment of arrears of house rent within 15 days - Defendants has chosen not to contest the suit by leading evidence in counter - Courts..........
Indian Penal Code, 1860, Section 302, 201, 120B, 34 -- Murder - Circumstantial evidence - Last seen theory - PW2/wife of deceased stated that deceased and accused went together for consuming liquor but deceased did not return - She stated that she also went in search of her husband along with one accused who came sometime thereafter - However, version of PW2 is not..........
Indian Penal Code, 1860, Section 302, 201, 120B, 34 -- Murder - Circumstantial evidence - Recovery of tangia/axe - Recovery effected at the instance of accused is per se not admissible, as same was made in police station - PW8 not supported the recovery of weapon of offence at the instance of accused - Evidence of I.O. and PW5 regarding recovery is inconsistent - Recovery..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - Mandatory inquiry u/s 202 Cr.P.C can be conducted by taking evidence of complainant on affidavit in cases u/s 138 of N.I. Act - Inquiry need not be necessarily conducted by taking evidence on oath - Further, documents may be examined..........
