Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Declined by trial Court - Appeal against order dismissing application U.O.39.Rr.1, 2 CPC filed beyond the statutory period of 30 days - No justification either in pleadings or during course of arguments for not filing statutory appeal within stipulated time despite copy of order having been supplied..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Matter at the stage of arguments - Plaintiff is a party to proceedings which is sought to be produced on record - No explanation given for not bringing on record said document - Even if said document is required to be brought on record, there is no possibility for considering said document as..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence when case was fixed for rebuttal evidence/final arguments - Additional evidence sought to be adduced by defendant is not required - Application for reopening of evidence rightly dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Maintainability - Case was fixed for re-arguments - However, application U.O.9.R.7 CPC was filed by tenant before case was fixed for re-arguments - It cannot be said that application was filed after completion of proceedings - Application U.O.9.R.7 CPC is maintainable...........
Evidence Act, 1872, Section 45 -- Compact Disk (CD) - Sending CD to FSL for comparison - Divorce petition - Wife sought that CD be sent to FSL with file recorded in CD - CD contains a more elaborate recording of compromise meeting - Recording contained in CD given by husband to police is one of files in CD, which has already been subjected to forensic examination and..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Non filing of written statement - Defendant loses his right to put forth his defence - However, such defendant is not debarred from cross examining plaintiff's witnesses and demolish plaintiff's case - He is also entitled to make such arguments and submissions on questions of law as plaintiff may not have..........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence - Evidence of defendant was closed, as defendant and his counsel remained absent - Application for reopening of evidence filed one year after suit was posted for arguments - No affidavit of defendant filed in support thereof nor any reason assigned for not filing one - Explanation offered by defendant for not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - It is within discretion of trial Court after hearing preliminary arguments to decide as to whether it is a fit case for grant of an ex parte interim injunction or whether it requires hearing of both sides before a decision could be taken...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37 -- Bail - Recovery of 255 gms heroin - Commercial quantity - Accused already approached High Court on two earlier occasion and one petition was withdrawn by him and other was dismissed - There has not been any change in circumstances even since dismissal of such..........
Civil Procedure Code, 1908, Order 18, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 14 -- Recall of order closing evidence - Production of documents - Applications filed at the fag end of trial when matter was set down for arguments - No convincing reasons in support of applications - There is no explanation as to what are essential questions that had not been put to..........
