Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit dismissed by trial Court - Appellate Court allowing plaintiff to produce additional document and remanding case for decision afresh - Such general remand not causing prejudice to defendant who can adduce evidence in rebuttal - Order calls for no interference...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Remand of case - Rebuttal evidence would only be allowed if other party had led evidence after remand...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - From complaint and deposition of complainant factum of giving of loan stands established - Complainant proved beyond reasonable doubt that disputed cheque was issued by accused towards `legally enforceable debt..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Admittedly, presumption is available in favour of a holder of a cheque with regard to existence of a legally recoverable debt, however, same is a rebuttable presumption and standard of proof for rebuttal is preponderance of probabilities - In the instant..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Late production of documents - Application to take on record documents pertaining to allotment of Flat, filed at the stage when case was fixed plaintiff plaintiff's rebuttal - No reason either in application or from submissions for inordinate delay in moving application - Application filed with extraneous..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of Will - Where photocopy of Will is produced with written statement without refutation and rebuttal, then there is no need for leading secondary evidence to prove the same - Primary evidence, in whatever shape placed on judicial file by way of photocopy, is acceptable to plaintiffs - Application rightly..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Accused did not disputed his signature in cheque except that it was issued as blank to one person - However, defence case was not probabilised in any convincing manner - Even no rebuttal evidence was adduced by accused - Complainant proved that cheque was issued in discharge of a legally enforceable..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Additional evidence in rebuttal - Where there are several issues and burden of proof of some of which lies upon defendant, plaintiff who is conscious of this lis and alive to matter in issue can adduce evidence in entirety vis-a-vis all issues including those onus of proof of which is upon defendant or having..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought when suit was fixed for rebuttal and arguments - Delay of five years in seeking amendment - Plaintiff failed to explain due diligence - Application for amendment rejected...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Can be made with reference to the evidence of prosecution as well as of defence...........
