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...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 343, 370, 376(2), 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 17 -- Bail - Kidnapping and rape - Prosecutrix was not kidnapped by petitioners rather she of her own volition went with co-accused with whom she wanted to solemnize marriage - Guilt if any of petitioner..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Petitioner is daughter of author of the Will, therefore, she knew from the very beginning as to whether said land was ancestral or not - Evidence for declaring the Will as forged and fabricated would be entirely different from alleging that said land cannot be made a subject matter..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness to clarify as to whether she signs in English or in Hindi - No further documents be permitted to be put to witness as these documents would reopen the entire evidence - As it is Court which requires some clarification as such it will be Court who will put questions to witness recalled...........
Civil Procedure Code, 1908, Order 13, Rule 4, Registration Act, 1908, Section 17(1)(b) -- Document admitted in evidence - Question as to its registration can be raised at any stage including in appeal or revision...........
Civil Procedure Code, 1908, Order 13, Rule 4, Registration Act, 1908, Section 17(1)(b) -- Document admitted in evidence - Question as to its registration - Objection can be considered at any stage by Court - However, with reference to such objection nature of recitals in document must necessarily be considered - It is thus, desirable that same be considered at the stage of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment sought after delay of about 5 years and that too when matter is at the stage of defendants evidence - Application for amendment though filed belatedly, simply explains stand taken by petitioner in his written statement - Paragraphs sought to be incorporated explain..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17 -- Bail - Recovery of 5 kg 10 gms Opium - Recovery effected from Truck - Accused `L' neither owner of truck nor police has collected any evidence to connect him with the recovery of contraband - Question as to whether he was working as conductor over truck and was..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- One opportunity to lead evidence granted by High Court - Petitioner did not lead evidence on three occasions - No reason much less a plausible reason brought fore to satisfy as to what prevented him from appearing on the scheduled date - Order closing evidence of defendant held, proper...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence - Rebuttal - Recall of witness - Plaintiff examined patwari but he failed to bring official record with respect to khasra girdawari and pedigree table and for this plaintiff cannot be found fault with - At rebuttal stage, application has been made in time to examine concerned daftar kanungo who will bring..........
