Family Law – Mental health / Ailment – Suffering from Acute Schizophrenia – the Family Court was duty bound to direct the medical examination of a party to a matrimonial litigation. A party could not have been left to gather evidence of the opposite party’s mental condition on his own.
Delhi High Court
Code of Criminal Procedure, 1973 – Section 82 – Proclamation for person absconding – the provisions of Section 82(1) and (2) Cr.P.C. should be construed strictly. Before issuing process, a Court is required to record its satisfaction that the accused has absconded or is concealing himself to avoid execution of warrants.
Rent Law – Evidence Act, 1872 – Section 116 – A tenant cannot challenge the title of the owner/landlord, and there is an estoppel in this regard – In a suit for eviction by the landlord, the tenant is estopped from questioning the title of the landlord.
Evidence Law – Courts should avoid the error of attributing motives to defence witnesses merely because they are examined by the defence. Defence witnesses are entitled to equal treatment with those of the prosecution and Courts ought to overcome their traditional, instinctive disbelief in defence witnesses.
Tort Law – Accident – Computation of Compensation for Permanent Disability – Maintainability of Writ Petition – Strict Liability – Contributory Negligence – Delays and Laches – Remedy in Public Law – Monetary relief / compensation / damages – Non-monetary relief by way of directions.
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