Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - At the time of deciding application U.O.1.R.10 r/w S.151 CPC, trial Court was not obliged to adjudicate inter se rights of parties finally...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff deposited balance sale consideration in Court after seven years after the date by which the sale had to be concluded - No evidence led by plaintiff how he was in a position to pay or make arrangements for payment of balance sale consideration within time - Careful study of balance sheet of..........
Criminal Procedure Code, 1973, Section 439, 161 -- Bail - Relevancy of statements u/s 161 Cr.P.C. at the time of grant of bail - Statements u/s 161 Cr.P.C may not be admissible in evidence, but are relevant in considering prima facie case against an accused in an application for grant of bail in case of grave offence...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - On setting aside ex parte decree parties are relegated to the position as they were at the time when exparte judgment and decree was passed - Defendant who had not filed written statement inspite of availing number of opportunities shall not be permitted to file written statement but they..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of firearm - Discrepancy on the mode of travelling to place from where recovery u/s 27 of Evidence Act was made along with witnesses - Contradictions were found with respect of place of arrest followed by disclosure statement - Ballistic report is inconclusive with respect to firearm..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of notional income of deceased - Deceased was a homemaker at the time of incident - She remained without employment for a period of approximately three years and what she earned prior to that ought not to have been treated to be her monthly income to arrive at just and proper compensation..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deduction towards personal expenses - Two minor children of deceased at the material point of time treated as dependent family members even if Court leave husband of deceased from being treated as dependent - Both the children were minor at the relevant time - Deduction of 1/3rd of determined income of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 37 years old at the time of accident - Multiplier of 15 ought to be applied...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was 37 years old at the time of her death - There ought to be addition of 40% to notional income of deceased towards future prospects as she was below 40 years of age...........
Indian Penal Code, 1860, Section 302, 394, 32 -- Murder and robbery - Identification of accused in Court room - PW1 has specifically and categorically admitted in cross-examination that it is incorrect that accused were known earlier - In that view of matter conducting of TIP was necessitated and it is not safe to convict accused solely on their identification by PW1 for..........
