Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Additional claims - Presence of additional claims in the demand notice would not negate its validity, provided cheque amount is specified...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Additional claims - If in a notice while giving breakup of claim, cheque amount, interest, damage etc., are separately specified, notice will not be bad - However, if, in the notice, an omnibus demand is made, without specifying what was due under the dishonoured cheque, notice would be..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - One of reasons for permitting additional evidence to be brought on record is that same should be relevant and material for determining of issues - In the absence of same not being on record, relevance thereof cannot be determined - Application rightly dismissed...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is suffering from a medical condition and is simultaneously responsible for the care and upbringing of minor child born out of the wedlock - Physical, emotional, and financial responsibilities, coupled with the burden of single-handedly raising a child, particularly while managing one's own health..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of husband by wife - Death by poisoning - No eye witness to occurrence - Factum of recovery of dead body from pond at the instance of accused stands fully established - Dead body was duly identified by sister of deceased - Proximity of place of recovery of dead body from pond near house of accused is in tune with case of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application for adducing additional evidence would be considered and decided at the time of final hearing of appeal - It was obligatory for first appellate Court to give a specific decision in clear terms on such an application, either by allowing the same or by rejecting the same...........
Criminal Procedure Code, 1973, Section 173(5) -- Additional documents - If there is an omission on part of prosecution in forwarding the relied upon documents to Magistrate, even after chargesheet is submitted, prosecution can be permitted to produce additional documents which were gathered prior to or subsequent to investigation...........
Criminal Procedure Code, 1973, Section 173(5) -- Additional documents - CDs not produced along with supplementary chargesheet - CDs were referred to in supplementary chargesheet - After the report of CFSL was received, supplementary chargesheet was filed for placing on record said report - Therefore, when CDs were sought to be produced they were not new articles - There..........
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..........
