Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power of Court to recall any witness already examined or to summon any witness can be invoked even if evidence of both the sides is closed so long as Court retains seisin of criminal proceedings - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Court can call a witness not only on motion of either prosecution or defence but also it can do so on its own motion if conditions u/s 311 Cr.P.C are satisfied - All that is required is satisfaction of Court in relation to such evidence which appears to Court to be essential for just decision...........
Will -- Registered Will - Mere fact that Will is registered does not prove due execution of Will and same cannot be pressed into service in case of shortcomings in the evidence of attestor...........
Agreement to sell -- Un-registered - Agreement in question did not prescribe any period of limitation - Total consideration amount of sale received from plaintiff by defendants - Possession also given to plaintiff - Mere fact that documents i.e agreement to sell and power of attorney being unregistered are not admissible as evidence, has been rendered meaningless...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of damages caused due to illegal cutting of trees and for permanent injunction - First appellate Court after appreciating the ocular evidence on record concluded that trees standing on land of plaintiffs were cut by defendants - No perversity in said findings of fact - Suit rightly decreed -..........
Evidence Act, 1872, Section 115 -- Principle of acquiescence - Acquiescence would not apply if lapse of time is of no importance or consequence...........
Evidence Act, 1872, Section 115 -- Principle of acquiescence - Mere delay in instituting the suit especially when it was filed well within period of limitation prescribed, should not have been held as amounting to acquiescence...........
Evidence Act, 1872, Section 115 -- Principle of acquiescence or estoppel - Suit for recovery of possession - Concurrent findings on record that defendant was encroacher and objection was raised by plaintiff against construction - Plaintiff should not have shut out by rule of acquiescence or estoppel for having made a representation to make defendant to believe that she had..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue of limitation is a mixed question of fact and law, for which evidence needs to be adduced - Plaint cannot be rejected on said issue...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For passing an order U.O.7.R.11 CPC, only averments in civil suit are to be seen and not any other documents - Whether averments made in suit are proved to be correct or false depends upon evidence which will come on record...........
