Re-summoning--There must be substantive evidence against a person in order to summon him for trial u/s 319 of Cr.P.C., although he is not named in charge-sheet or he has been discharged from the case, which would warrant his prosecution thereafter with a good chance of his conviction.

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Relation witness--If witness is related to the deceased, his evidence has to be accepted if found to be reliable and believed because he would inter alia be interested in ensuring that real culprits are punished.

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Succession—Life Interest—Testator of suit property gave ownership rights to his children and life interest to his wife by way of right to live in the suit house and collect rent for her maintenance—Such "life interest" does not get ripen into an "absolute interest".

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Attempt to Murder--A single blow of sickle inflicted by appellant on back of deceased--Doctor opinion that deceased did not died due to direct result of injury--Reduction of charges proper.

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Decree remains valid unless set aside. Executing Court reduced to interest from 18% to 14%--High Court further reduced the same to 9%--Executing Court cannot go beyond decree--Executing Court to execute the same as it is.

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Accident Law--Compensation--Criteria--For arriving at just compensation, it is necessary to ascertain the net income of the deceased available for the support of himself and his dependents at the time of his death and the amount, which he was accustomed to spend upon himself--This exercise has to be on the basis of the data, brought on record by the claimant, which again cannot be accurately ascertained and necessarily involves an element of estimate or it may partly be even a conjecture

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Land and Property Law--Allotment of Plot--Cancellation of--Predecessor-in-interest of appellant not eligible for allotment of plot under scheme for rehabilitation of locally displaced persons--Notwithstanding the fact that transfer of plot in favour of appellant is duly approved by Trust, appellant did not acquire any independent right in the plot and be only acquired whatever rights the transferor or original allottee had therein--Defect in allotment made in original allottee's favour on account of her ineligibility to avail scheme was inherited by appellant as her transferee

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Exparte decree--Remedies available to defendants--He may file a suit contending that decree was obtained fraudulently or he may file application under Order 9 Rule 13 C.P.C. or he may prefer an appeal from exparte judgment--He may also file a review petition.

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Motor Vehicles Act, 1988, S. 166--Accident-More than claimed-There is no restriction that the Court cannot award compensation exceeding the claimed amount, since the function of the Tribunal or Court is to award "just compensation"

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Agreement to Sell—Increase in Price—Mere escalation of price is no ground for interference with concurrent findings of court below granting the decree. Abatement of Appeal—Omission to implead legal representatives of a deceased defendant, would not lead to abatement of appeal as a whole by itself.

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