Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Guidelines issued: (a) Notice when sent by registered post or speed post at the correct address then presumption of service of notice shall ordinarily arise; (b) Complaint shall not be dismissed solely on the ground that track report or acknowledgment due card not filed, if complainant..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - After closure of evidence of defendants - Once defendants claimed execution of receipt in written statement, onus to prove the same was on defendants - Plaintiff had every right to lead evidence in rebuttal as regards non-execution of receipt - However, since no right had been reserved nor was there any..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal - Permission to lead additional evidence in rebuttal - Defendant denied signatures of her father on documents in question and stated that documents were forged and fabricated - Plaintiffs led no affirmative evidence in rebuttal - Defendant evidence stood closed prior to filing of present application - Moreover,..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff closed his initial evidence - There is no statement of plaintiff closing his evidence - Plaintiff in rebuttal evidence was allowed to examine handwriting expert - Plaintiff got receipt examined from handwriting expert - Now he is required to prove the same - Such evidence could be..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Lack of legal knowledge constitutes no ground for permitting 2additional evidence when trial is at stage of rebuttal evidence and arguments...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Application filed by defendant after closing of his evidence in affirmative and when matter was fixed for rebuttal evidence and arguments - Documents now sought to be produced by defendant pertain to years 2001 and 2011 - Defendants were in knowledge of said documents, however, have chosen not to produce the..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents in question were in the knowledge of petitioner and have also been mentioned in the plaint - Therefore, contention of petitioner that documents were not tendered due to inadvertent mistake of his counsel rejected - It is only at the stage of rebuttal evidence and arguments that petitioner had filed..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought at the stage of rebuttal evidence - Material piece of evidence having bearing on the case - Delay or lapse not a sufficient reason for disallowing the application - Application allowed subject to payment of Rs.30,000/- as costs...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - At the stage when case is fixed for rebuttal evidence and arguments - Documents in question/jamabandis could not be produced earlier due to non-availability of Urdu records and its Hindi transaction - Moreover, Jamabandis sought to be led in evidence are public documents and would certainly enable Court to..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Certified copies of judgment and order of judicial Courts having material bearing on issues involved in the appeal - No additional evidence is required to be recorded to prove additional documents, as same are certified copies of judgments passed by Judicial Courts - Application..........
