Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Power to record additional evidence u/s 391 Cr.P.C. should only be exercised when the party making such request was prevented from presenting the evidence in the trial despite due diligence being exercised or that the..........
Civil Procedure Code, 1908, Order 16, Rule 21, Evidence Act, 1872, Section 120, 137, 138, 139, 154, 155 -- Party as its own witness and a witness - Provisions of the Code as also Evidence Act do not differentiate between a party to the suit acting as a witness and a witness otherwise called by such a party to testify...........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 8, Rule 1A(4)(a), Civil Procedure Code, 1908, Order 13, Rule 1(3), Evidence Act, 1872, Section 137 -- Production of documents - at the stage of cross examination of a party when appearing as its own witness or a witness, is permissible in law...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Contesting party when proceeded ex parte or does not choose to contest the proceedings - Decision of application for interim maintenance should not be deferred to a later stage of conclusion of proceedings...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Law as to - (a) Law requires the best evidence to be given first, that is, primary evidence; (b) S.63 of the Evidence Act provides a list of the kinds of documents that can be produced as secondary evidence, which is admissible only in the absence of primary evidence; (c) If the original document is available, it has..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Exact status of documents in question cannot be ascertained as one party claims that other has said documents and other has allegedly stated that it was with her counsel - However, said documents could not be recovered from said counsel as per records - In such situation, presentation of secondary evidence can be..........
Civil Procedure Code, 1908, Section 47 -- Execution - Third party objections - Framing of issues - It is not necessary that in each and every case, irrespective of merits of objections, Executing Court is required to frame issues - After evaluating the objections and reply filed by parties, Court is required to form an opinion as to whether any triable issue is involved in..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Challenged by third party - Preliminary decree was contested by appellant only who claimed that defendant No.2 had transferred his share to him and he has spent huge amount in raising construction on the plot - Admittedly, there was no challenge to the same by any of co-sharers of..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Cross case was registered against complainant party for injuries sustained by accused - It is not clear as to whether common object of unlawful assembly was to cause death of deceased or not - Accused did not have an intention to cause death of anybody from complainant party - It is possible that..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Application U.O.21.R.97 CPC can be dismissed in limine if obstructer fails to satisfy Court his prima facie right to show resistance to execution - Enquiry can be held only when executing Court finds that obstructor has got a semblance of right or interest which requires detailed enquiry..........
