Indian Penal Code, 1860, Section 193 -- False evidence - Denial of statements made in the affidavits of complainant, simplicter would not attract the offence, particularly when no malafide intention/deliberate attempt can be understood from the statement made by accused in the affidavit...........
Indian Penal Code, 1860, Section 193 -- False evidence - Mere suspicion or inaccurate statements do not attract the offence u/s 193 IPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced were all along in the public domain and if petitioners were diligent, they could have brought these documents at the very beginning before trial Court - Documents have been brought only to fill the lacunae in the case of petitioners - Application..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action pleaded by plaintiff is illusory and under the illusory cause of action, vexatious suit is filed - If cause of action is found to be vexatious and meritless and not disclosing a clear right to sue, plaint may be rejected...........
Evidence Act, 1872, Section 27 -- Disclosure statement - Only information in the form of confession received from disclosure made by an accused cannot be taken as reliable piece of evidence in isolation until there is a discovery or a recovery or another fact to corroborate the said information and prove its veracity...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, 29 -- Bail - Contraband - Accused is behind the bars in this case since 14.05.2024 - He has been made accused on the basis of statement of co-accused and there is not an iota of evidence regarding exchange of calls between accused and co-accused - Neither..........
Indian Penal Code, 1860, Section 353 -- Offence u/s 353 IPC - No evidence to indicate that appellant assaulted or used criminal force on the trap party in execution of their duties or for the purpose of preventing or deterring them in discharging their duties - Jostling and pushing by appellant with an attempt to wriggle out was not with any intention to assault or use..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment to advocate Commissioner - Suit for declaration of right and title over suit property and injunction - Burden of proof is always on plaintiff to establish his lawful title and possession over suit property - So the question of localization of suit property and noting down the physical features of property by..........
Railways Act, 1989, Section 124A, Railway Claims Tribunal Act, 1987, Section 16 -- Accident - Bona fide passenger - Compensation - Conclusion in post mortem report as to time of death are approximations - A margin of error of about half a day in cases where compensation is at issue is not disproportionate, where evidence is otherwise corroborated by material on record...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of percentage of disability - Disability certificate issued by doctor shows that appellant suffered 50% permanent disablement and said doctor was also examined as PW2 - However, Tribunal after considering all oral and documentary evidence has taken the disability of appellant only as 25% and..........
