Criminal Procedure Code, 1973, Section 91 -- Production of electronic record - CCTV footage for proving plea of alibi taken by accused - Accused cannot insist prosecuting agency to collect materials from him to prove such plea - He has to prove such plea by adducing cogent and satisfactory evidence at the stage of trial and such a plea must be proved with absolute..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, Criminal Procedure Code, 1973, Section 243 -- Dishonour of cheque - Handwriting expert - Plea of accused as to misuse of cheque after obtaining it unauthorisedly - Evidence sought to be obtained is essential for arriving at a just decision of the case - There is absolutely no reason to indicate..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of party - Plea of non-joinder cannot be raised at appellate stage...........
Civil Procedure Code, 1908, Order 41, Rule 27, Motor Vehicles Act, 1988, Section 166 -- Additional evidence at appellate stage - Accident - At a very belatedly stage, insurance company wants to avoid its liability to pay compensation coming up with a plea that respondent No.1 was not having a valid and effective during licence at the time of accident, which was available..........
Civil Procedure Code, 1908, Section 47(1) -- Revision - Maintainability - Parties are in litigation since long time and has not ended - Respondent is in possession of suit property - Necessary ingredients which constitute adverse possession, are completely missing in the plaint - Thus, plea in revision petition is a pure question of law and can be raised at any stage of..........
Limitation Act, 1963, Section 3, 28, Article 144 -- Limitation - As per S.28 and Art.144 of Limitation suit for declaration of title based on the plea of adverse possession is not maintainable after the expiry of the period of 12 years u/s.3 of the Act - Suit barred by law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of adverse possession - Cause of action - Bar of suit by principle of res judicata - Suit filed by the respondents which is pending adjudication before the Sub Judge which is a suit for declaration of title on the basis of adverse possession - Thus, suit is barred by law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Plea of adverse possession can only be set up as a defence in an action brought against defendant by plaintiff - Pleas are in factual matrix - Possession of respondents for twelve years due to failure of petitioner to file execution petition in itself does not amount to adverse..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 91 bags of poppy husk - Plea of animosity between police and accused - Merely because police officer is posted at various places, it cannot be said that he had animosity with accused - No evidence led by accused as to what was animosity between accused and said officer - Plea rejected being not..........
Criminal Procedure Code, 1973, Section 161 -- Delay in recording of statement of witnesses - Investigation was not carried out properly by local police - State government handed over case to CID - No effective progress could be made by State CID also, hence investigation was entrusted to CBI - It is thereafter statements of several witnesses including u/s 164 Cr.P.C were..........
