Evidence Act, 1872, Section 114 -- Adverse inference - Non production of sale deed on which plaintiff founds its right - However, defendants produced a certified copy of said sale deed before trial Court - There is thus, no occasion for trial Court to draw any adverse inference against plaintiffs, when the suit is at an interlocutory stage, as document is otherwise..........
Evidence Act, 1872, Section 65B(4) -- Electronic record - Certificate requisite u/s 65-B(4) of the Act - Where requisite certificate is applied for from person or authority concerned and person or authority either refuses to give such certificate or does not reply to such demand, party asking for such certificate can apply to Court for its production under provisions of..........
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..........
Civil Procedure Code, 1908, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), 13, Evidence Act, 1872, Section 145 -- Production of document - To contradict a witness during cross-examination - No Court can refuse a document being put to a witness during cross-examination to obtain a contradiction of her earlier statement merely for reason that it had..........
Civil Procedure Code, 1908, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), 13, Evidence Act, 1872, Section 145 -- Production of document - To contradict a witness during cross examination - If witness denies such document, same certainly will have to be marked, though not admitted to evidence and retained on file so as to enable Court to subsequently..........
Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Accused sought production of certain documents in his defence - However, said documents are not necessary for just decision of case - Even, documents proposed to be led in evidence were very much in knowledge of accused - But neither documents were put to complainant at the time of..........
Evidence Act, 1872, Section 114(g), 32 -- Dying declaration - Recorded by Magistrate - Non production of same before Court - Withholding of dying declaration without any reason or cogent explanation - Can lead the Court to draw adverse inference about genuinity of prosecution case...........
Civil Procedure Code, 1908, Order 18, Rule 17, 17A -- Production of evidence - Lease agreement in between defendants for erecting TVS Towers/Cellular Towers - Suit for declaration that mutual agreements/lease deeds executed in between defendants are null and void and seeking further relief from changing the nature and character of suit land - Plaintiffs immediately after..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - To produce original Will, primary evidence - Appellate Court to permit production of any document, which would help Court to pronounce judgment or for any other substantial cause - Such power is to advance the cause of justice - First Appellate Court erred in refusing to allow..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - No reference about proposed documents either in pleadings or in evidence - Ground on which petitioner are prevented from filing those documents at earliest point of time not explained - Production of documents at a later stage that too when case reached the stage of arguments cannot be..........
