Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Application for leading additional evidence allowed - Dishonour of cheque - Complainant is in business of manufacturing and selling vehicles and their spare parts - During process of business, accused issued 20 cheques and same got dishonoured by bank - Evidence sought to be..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibition of documents - After closure of evidence of defendants - Suit for declaration - Documents sought to be exhibited are certified copies of Record of Rights and rent receipts - Reason for no, filing of documents at the time of trial is vague - Record of rights are public documents and same are always available -..........
Criminal Procedure Code, 1973, Section 190, 227 -- Cognizance of offence - Order setting aside discharge of accused - Loan transaction between two sisters and civil suit for specific performance was pending - Petitioner is neither a signatory to documents nor he is a witness - Allegation of forging signature stand disapproved by FSL report - No offence whatsoever is made..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of documents for comparison of thumb-impression cannot be sent to Forensic Science Laboratory - But plaintiff shall be at liberty to produce on record the copy of written statement along with list of reliance of documents, in a suit for recovery, as an evidence, in support of the defence...........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit for recovery - Ex parte decree - Setting aside - Defendants contended that they did not receive suit summons and their father died much prior to date of statement of account on which suit was filed - Statement of defendants in their affidavit filed in support of application filed for setting aside ex parte decree..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Suit for partition - Appointment of Advocate Commissioner to take inventory of locker standing in name of deceased - Order appointing Commissioner to take an inventory of the locker and for recording availability of documents and to file a report to that effect - No infirmity in the order passed...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Leave of Court to produce said documents at hearing of suit - No cause given for belated filing of documents - Application is nothing but a ruse to delay the proceedings - Application dismissed...........
Specific Relief Act, 1963, Section 6 -- Possession - Police complaints - Police complaints are self serving documents in the absence of any other evidence aiding such document - Only on the basis of said complaints with the police, possession of plaintiff over suit property cannot be inferred...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought when suit reached the stage of defendant's evidence - Merely, under the pretext that defendant did not have documents handy at the time of filing the written statement, he can not claim any right to amend the written statement, at such a belated stage, particularly when trial..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Plea that suit property was conveyed as dowry and that it is without consideration - Plaintiff produced original sale deed from his possession, partition deed and mortgage deed and its discharge slip which was executed by defendant in favour of son of plaintiff - Intention of parties to convey title of property is..........
