Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Application rejected by trial Court on the ground that no reason has been given as to why documents could not be produced earlier at the time of filling of suit - Trial Court is proceeding in a totally unjustified and hasty manner without making any real effort to afford due opportunities to parties..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Refusal to undergo DNA test in a paternity dispute can lead to an adverse inference against refusing party - Such an inference, while not conclusive, strengthens the Court's ability to arrive at a just decision based on the available evidence and best interest of children...........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance to wife and children - Dispute as to paternity of children - DNA test - Husband refused to go for DNA test - Refusal to undergo DNA test in a paternity dispute can lead to an adverse inference against refusing party - Husband cannot deny paternity of children when he refuses to..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Allowing of application for additional evidence is not sufficient to remand the case back to trial Court - First appellate Court being Court of fact and law has power and authority to call upon plaintiff to lead additional evidence or seek report from trial Court...........
Hindu Adoptions and Maintenance Act, 1956, Section 7Proviso -- Adoption - Without consent of wife - No independent evidence to show that adoption was with consent of wife - Mere presence of wife in the rituals of adoption cannot be considered as her consent, as such presence would be as spectator in the assembly of people - Adoption not valid...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed - Concurrent findings of fact have been recorded by two Courts below on the basis of pleadings, evidence and material on record that defendant no.1 was the owner and in possession of suit property - Defendant no.1 had executed registered sale deed of suit property in favour of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Petitioner was aware of proceedings, as he earlier filed application for setting aside ex parte decree and remained unrepresented - Application was dismissed for non-prosecution and eviction order was passed - Grounds taken for setting aside ex parte decree that he was not aware of ex parte..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Order dismissing application of accused to adduce defence witness - Said order is not interlocutory order, as it is a final order by which further right of accused to adduce further evidence has been finally closed - Revision against such an order is maintainable...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Offence u/s 3(1)(xi) of the Act - Prosecution has failed to prove caste of prosecutrix either through any credible documentary evidence or otherwise, therefore conviction of accused u/s 3(1)(xi) of the Act, set aside...........
Indian Penal Code, 1860, Section 451, 354 -- Offence u/ss 451, 354 IPC - Charge u/s 354 IPC was not framed - However, offence u/s 354 IPC is lesser offence to the offence of S.3(1)(xi) of SC/ST Act, Court has to examine whether such lesser offence is made out against accused on the evidence available on record - Since prosecution proved that accused entered into the house..........
