Evidence Act, 1872, Section 112 -- DNA test - Paternity of Child - Divorce proceedings - Whether or not the wife had an adulterous relationship could be gone into without subjecting child to a paternity test - Husband cannot impact interest of child who is not a party to proceedings - Application rightly rejected...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Medical negligence - Loss of vision in left eye - Compensation - Medical negligence on the part of respondent is proved on record - Respondent misrepresented to NCDRC that he had deposited an amount of Rs.2 lakhs only, which had been paid to complainant - However, complainant has not received a single penny..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of Transferee pendente lite - Suit property which is subject matter of suit has been gifted in favour of petitioner by means of registered sale deed - Transfer pendente lite neither illegal nor void ab initio but remains subservient to rights eventually determined by Court in pending litigation - Any judgment in..........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2015, Section 12(2) -- Return of plaint - Lack of pecuniary jurisdiction - Commercial dispute - S.12(2) of CC Act stipulates that pecuniary jurisdiction should be determined based on aggregate values delineated in statements of claim and counter claim on the date of presentation, rather than additional..........
Indian Penal Code, 1860, Section 363 -- Kidnapping of minor by her own mother - Minor child was only 3 years old at the time of occurrence - In view of S.6 of Hindu Minority and Guardianship Act, it would be in the best interest of minor child to be in custody of her mother - Complaint along with all subsequent proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Demand in addition to the cheque amount - If in a notice while giving break up of claim, the cheque amount, interest, damages, etc. are separately specified and these additional claims will be severable, such demand would not invalidate the notice...........
Custody of child -- Claimed by mother - Child from the very beginning is living with his father - Initially, child flatly refused not only to go with his mother but even talk to her - However, after some counseling methods child agreed for a monthly meeting at a public place and even agreed that his mother can make phone calls to him - Child at present is 12 years and 9..........
Indian Penal Code, 1860, Section 384 -- To attract the offence u/s 384 IPC twin ingredients are to be satisfied, viz. (i) Intentionally putting a person in fear of injury to himself or another; (ii) Dishonestly inducing the person so put to deliver to any person any property or valuable security...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have resolved their differences and have compromised the matter - Accused is a poor person, thus, 15% of cheque amount towards costs of litigation can be waived off in the interest of justice - Parties are allowed to compound the offence in terms of S.147 of the Act..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Right of accused to cross-examine complainant closed after giving him sufficient opportunities - However, accused cannot be deprived of his right to defend himself since right to cross-examine is akin to right to defend - Although ample opportunities have been granted to accused and matter is pending..........
