Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(b)(ii)(B) -- Recovery of 6 kgs ganja - Contradictions found in evidence of PW3 and PW4 with regard to preparation of seizure panchanama and non-production of register maintained by PW2, who is owner of lodge, where accused allegedly stayed and contraband was seized - Search and seizure conducted by..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Parties should be given sufficient opportunity to produce all required evidence in support of their respective claims - Though documents are required to be produced at the trial of matter and preferably before settlement of issues - However, in order not to deny opportunity to parties,..........
Evidence Act, 1872, Section 3 -- Contradiction between medical evidence and ocular testimony of sole eye witness - Murder case - When medical evidence is contradictory to ocular testimony advanced by sole eye witness, non-production of seized weapon and examination report as to whether that weapon had contained any blood stain is potential to make a dent in credibility of..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Certified copies of documents sought to be produced by plaintiff without wishing to lead any further oral evidence in support thereof - No harm would be done to defendants, as it would not delay suit any further for want of witnesses coming forward to testify in support of those documents -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Production and proof of agreement relating to alleged transaction between complainant and accused - Case of complainant is not based on this document but it is based on dishonoured cheque - It is not that attempt of complainant in..........
Evidence Act, 1872, Section 65B -- Electronic evidence - Non-production of certificate u/s 65-B of the Act - Production of certificate though is a curable defect, but applicant should explain from whose custody he has procured said CCTV Footage - Unless basic authenticity of said document/electronic record is shown, it cannot be even used in cross-examination...........
Evidence Act, 1872, Section 65B -- CCTV footage - Non-production of certificate u/s 65-B of the Act - Accused not disclosed the source from where he has secured CCTV footage - No attempt on part of accused to call owner of shop where CCTV cameras were installed - Manner in which copy of original record was made is not explained - Accused downloaded the said footage on CD..........
Evidence Act, 1872, Section 65 -- Secondary evidence relating to contents of a document is inadmissible until no, production of original is accounted for so as to bring it within one or other cases provided for in S.65 of the Act - Secondary evidence must be authenticated by foundational evidence that alleged copy is in fact a true copy of original...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Production of documents - Order to take documents on record not to be construed that such documents are admissible in evidence...........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Civil Procedure Code, 1908, Order 18, Rule 17 -- Late production of documents - Documents annexed with application have already been tendered in evidence and got exhibited - Defendants already received the costs as directed by trial Court - No interference warranted in impugned order of allowing application...........
