Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Partition suit - When prima facie documents are not concocted or false and same is registered wherein interest of defendant is prima facie made out and property in question is ancestral property, both parties have right to adduce evidence and to prove accordingly - Defendants permitted to..........
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, Order 7, Rule 14(3) -- Production of documents - Court to decide application by considering and clarifying, may be briefly, as to how the stated documents are relevant and in what context after analysing relevant pleadings including evidence already brought before Court, in the form of affidavit of evidence...........
Guardians and Wards Act, 1890, Section 7, 10 -- Appointment of guardian of `M' of unsound mind - Guardian appointed without production of `M' - Several opportunities granted over a period of 10-13 years to produce `M', but he was not produced - Any order passed appointing guardian of a person whose whereabouts and existence is not affirmed through documentary and other..........
Evidence Act, 1872, Section 114(e), 90 -- Documents executed by public authority - Documents more than 30 years old - Certified copy of Ex.D1 vesting title by Municipality, in favour of plaintiff's vendor produced - Plaintiff produced photocopies of all other resolutions, government orders and sale deed in favour of their vendor, by Municipality - Documents produced from..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - (a) In the first instance, Family Court should make an endeavour for settlement of dispute; (b) If proceedings for settlement are unsuccessful,..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - De novo trial - Suit for permanent injunction and mandatory injunction - Plaintiffs and defendant no.1 claim tenancy under defendant no.2 - However, defendant no.2 remained ex parte - Production of documents available with defendant no.2 regarding leasehold right will have much assistance to Court for an effective..........
Indian Penal Code, 1860, Section 84 -- Plea of unsoundness of mind or mitigating circumstances like juvenility of age, ordinarily ought to be raised during trial itself - Belated claims not only prevent proper production and appreciation of evidence, but they also undermine genuineness of defence case...........
Indian Penal Code, 1860, Section 394, 84, Arms Act, 1959, Section 25 -- Robbery - Plea of unsoundness of mind - No deposition was made by any witness, nor did accused himself claim any such impairment during his statement u/s 313 Cr.P.C - On the contrary, conduct of accused running away from the spot of crime as well as attempt to escape from bus, evidence an elevated..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), 22(c) -- Recovery of 17 ampoules of Buprenorphine and 12 ampoules of Diazepam injection along with some syringes and needles - Delay in producing contraband substance in Court - There is unexplained delay in producing seized substances before Court and absence of evidence as to how and in what condition..........
