Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Documents were in existence at the time of filing of suit - No reason forthcoming either in application or during course of arguments as to why documents, photocopies of which were already on record were not produced diligently at appropriate stage - Evidence of both the parties was already..........
Indian Penal Code, 1860, Section 376 -- Rape - Evidence adduced by victim and her mother has clearly established offence against accused - Non-production of wearing apparels of victim cannot destroy prosecution case when there was better evidence and medical evidence also supported fact that there was some lacerated abrasion over left arm of victim - No prior enmity..........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence - Right of plaintiff to evidence came to be closed by trial Court earlier on two occasions - However, in interregnums, several applications for production of documents were also filed by either side - One more opportunity is thus, given to plaintiffs to exercise their right of evidence with cost of Rs.1000/-...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Xerox copy - Mere production of Xerox copy does not amount to proof of original unless copy given in evidence is shown either to have been made from original or to have been compared with original - Unless the foundation for producing secondary evidence is laid, Xerox copy is not admissible in evidence...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Plaintiff had not produced relevant documents at time when case was fixed for plaintiff's evidence, though time was granted to plaintiff to file such documents - Case was again listed for cross-examination of PWs, however, neither documents were produced nor any explanation was given for..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - At a belated stage - Plaintiff seeking production of documents, at the stage of defendant's evidence, but did not mention anything regarding the documents which are mentioned in the list of documents filed along with said application - Even in plaint, plaintiff has not produced any evidence regarding..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Eviction suit - Documents in question were not placed on record by tenant at the time when he filed his response to eviction proceedings or during course of leading evidence - Tenant failed to demonstrate that despite due diligence he could not produce said documents on record earlier -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Report of handwriting expert was sought for comparison of signatures on admitted documents with signatures made on reply to interrogatories and vakalatnama - Suit filed for permanent injunction restraining defendant from encashment of bank guarantee - Bank guarantee is an independent..........
Suits and execution proceedings -- All Courts dealing with suits and execution proceedings shall mandatorily follow directions viz: (i) In suits relating to delivery of possession, Court must examine parties to suit U.O.10 CPC in relation to third party interest and further exercise the power U.O.11.R.14 CPC asking parties to disclose and produce documents, upon oath,..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), Civil Procedure Code, 1908, Order 13, Rule 3(a), Civil Procedure Code, 1908, Order 18, Rule 17, Evidence Act, 1872, Section 137 -- Document not produced with pleadings - Production/showing of documents, for the first time, to witness in his cross examination -..........
