Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Lower appellate Court while rejecting application of additional evidence has not returned any finding as to relevance of documents sought to be produced by way of additional evidence - Lower appellate Court directed to examine the application for additional evidence afresh to the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Both parties claiming possession - Both parties filed suits and obtained injunction - Primary duty of Court is to protect subject matter of lis with existing status quo as on date of suit - Court can impose terms - Court taking over possession as a custodia legis, entrusted it to plaintiff to..........
Indian Penal Code, 1860, Section 419, 420, 468, 471, 120B -- Cheating and forgery - Criminal conspiracy - Quashing of summoning order - Dispute purely of civil nature - No allegation in complaint or in evidence of PWs that either of accused has cheated by personation to anyone - Element of dishonesty is lacking in the allegations made in complaint - No forgery appears to..........
Civil Procedure Code, 1908, Section 96 -- First Appeal - High Court while exercising its first appellate jurisdiction has ample jurisdiction to appreciate the evidence independent to that of the appreciation done by the trial Court and come to its own conclusion...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff has option to lead his entire evidence on all issues and in case he intends to lead rebuttal evidence or answer the evidence that is to be led by defendant as regards the issues the onus of proof is upon defendant, he shall have to reserve his right - Further, plaintiff shall have to exercise his..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - When there are several issues and burden of proof some of which lies upon defendant, plaintiff can adduce his entire evidence on all the issues including those onus of proof is upon defendant or having led the evidence in affirmative as regards issues the onus of proof of which is upon plaintiff himself,..........
Civil Procedure Code, 1908, Order 18, Rule 3, 2 -- Rebuttal evidence - Provisions of O.18.R.2 & O.18.R.3 CPC are mutually exclusive and have their independent domains and thus operate in different situations - Both the provisions cannot be read in conjunction but independently and in isolation as regards the right of party beginning to lead rebuttal evidence...........
Civil Procedure Code, 1908, Order 23, Rule 1, East Punjab urban Rent Restriction Act, 1948, Section 13(3)(a)(i), Order 23, Rule 1 - - Eviction petition - Withdrawal at appellate stage - Eviction petition on ground of personal necessity - Non pleading of mandatory requirement that landlord is not occupying residential building in the area concerned and that he has not..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - If additional evidence sought to be produced during appeal was never refused by trial Court to be taken on record and such additional evidence was within knowledge of parties and if Appellate Court requires such evidence for just, proper and fair adjudication of appeal, Court may..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application is required to be heard along with final arguments on appeal - To come to the conclusion as to whether additional evidence sought to be produced during the pendency of the appeal is required to be taken on record for the fair adjudication of appeal, such application should..........
