Evidence Act, 1872, Section 114 -- Adverse inference - Validity of marriage between defendant no.1 and first wife - Marriage is said to have taken place 45 years prior to filing of suit - It is quite impossible for parties to prove direct evidence of factum of marriage - Though non-examination of first wife no doubt would cast a cloud on case of plaintiffs being daughters..........
Service -- Postal department - Pension - Qualifying service requirement - Services rendered by respondents as Gramin Dak Sevaks (GDS) or other extra departmental agents cannot be factored in for computing their qualifying service in regular posts under postal department on question of grant of pension, as per qualifying service requirement as per rules...........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s), 3(2)(va), Indian Penal Code, 1860, Section 323, 506 -- Bail - Offence u/ss 3(i)(r)(s), 3(2)(va) of SC/ST Act and Ss.323, 506 IPC - Allegation that accused being pardhan of Gram Panchayat and an elected representative has made caste..........
Delhi Rent Control Act, 1958, Section 14(1)(j) -- Eviction order - Subletting - Subletting is clearly proved by testimony of PW1, who has stated specifically that tenant is living in premises along with his wife and son - Testimony has gone un-rebutted, as both tenant and alleged sub-tenant chose not to appear before Rent Controller or to lead any evidence - Un-rebutted..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17 -- Bail - Recovery of 5 kg 10 gms Opium - Recovery effected from Truck - Accused `L' neither owner of truck nor police has collected any evidence to connect him with the recovery of contraband - Question as to whether he was working as conductor over truck and was..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 385, 464, 471, 472, 474, 120B -- Quashing of proceedings - Offence u/ss 363, 366, 385, 464, 471, 472, 474, 120-B IPC - Compromise arrived at between parties - Though offence in question are non-compoundable, but since compromise is arrived at between parties and complainant does not want..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witnesses - Application u/s 311 Cr.P.C can be filed at any stage of trial even after final arguments but before pronouncement of judgment and mere delay is not decisive of question of summoning of witnesses...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Original Will permitted to be placed on record - However there is no discussion in impugned order as to why original Will was permitted to be placed on record, when testator of Will was alive and impleaded as defendant No.1 in main civil suit - This demonstrate that trial Court passed..........
Rent and Eviction -- Bonafide necessity - Landlord has taken a specific ground that he along with his son intend to shift from shop where they are running their business of mobile repair portion FGHI which is a part of BCDEFIH to shop which was in possession of tenant marked as YYZZ - Further, landlord wishes to shift his business of mobile repair to premises in question..........
Civil Procedure Code, 1908, Section 152 -- Amendment of plaint - Civil Court can permit an amendment of plaint to enable a proper description of plaintiffs to appear in it in order to assist Court in determining real question or issue between parties invoking jurisdiction u/s 153 CPC...........
