Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Eviction suit - Tenant sought production of additional documents i.e site plan of disputed premises - However, said documents is of no relevance especially when rent petition has been filed on the ground of arrears of rent and bona fide requirement - Moreover, there is no whisper that despite..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant by way of amendment wished to explain pleadings by giving a description of revenue khasra numbers as well as consolidation scheme by submitting a site plan of existing construction raised by both the parties - Amendment sought would assist Court in arriving at a just decision -..........
Evidence Act, 1872, Section 114(g) -- Adverse inference - Can be drawn only if there is withholding of evidence and not merely on account of failure to record the statement of persons whose houses are shown in the site plan...........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12 -- Production of documents - Plaintiff by way of application sought production of title record along with site plan so as to facilitate him in identification of property in question, which were in possession of defendants - However, plaintiff has not placed anything on record to show that title documents are in..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff claimed his absolute ownership on basis of patta issued in his favour - However, patta do not support the plaintiff's case as pleaded in the plaint and cannot be taken as an absolute document of title, particularly when said patta is neither registered document nor..........
Indian Penal Code, 1860, Section 304, 323, 452 -- Offence u/ss 304, 323, 452 IPC - Non-disclosure of source of light in FIR or in site plan, does not doubt prosecution case, particularly when accused was a neighbourer and the incident took place in the house of PW3...........
Indian Penal Code, 1860, Section 302, 394, 411, 120B, 34 -- Murder - Testimony of sole eye witness - Time mentioned in the FIR and stated by PW1 has a remarkable difference and it is a major contradiction in the statement of alleged eye witness - Motive of crime has neither been alleged nor proved - Evidence of PW1 does not have a ring of truth - Source of light though..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Place of occurrence - Site plan was prepared in the absence of independent witness - Place of occurrence was already known to police - Hence, there is no fact discovered in consequence of information given u/s 27 of Evidence Act and site plan thus, cannot be read..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85, Criminal Procedure Code, 1973, Section 389 -- Recovery of 205 gms Alprazolam powder - Suspension of sentence during pendency of appeal against conviction - Accused is in custody for the period of 4 years 7 months and 5 days out of which 3 years and 11 days is after conviction - Accused not involved..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Suit for declaration - Both the parties claiming ownership and possession of suit land - Plaintiff failed to produce any document on record to establish identity of suit land which was described by him in site plan annexed with sale deed - Defendant on the other hand placed a copy of demarcation report..........
