Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Plea essentially a issue in rebuttal to issue No.1 - Petitioner while leading his evidence, would be free to lead evidence qua additional pleas and exhibit documents pertaining to the plea already taken - No necessity to frame additional issue...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanction order indicates that Railway Board being competent authority has taken collective decision to accord sanction after fully and carefully going through statements and documents - Mere irregularity in granting sanction for prosecuting A-1, does not fall within failure of justice, as u/s..........
Evidence Act, 1872, Section 45 -- Expert opinion - Procedure for obtaining expert opinion - S.45 of the Act does not provide any procedure for obtaining expert opinion - Normally, Courts on the application of parties, send documents for expert opinion...........
Civil Procedure Code, 1908, Order 16, Rule 1A -- Production of documents - Without satisfying the requirement of foundation in pleadings is impermissible and cannot be looked into - Application rightly rejected...........
Civil Procedure Code, 1908, Order 16, Rule 1A -- Summoning of witness or production of documents - Leave of Court is permissible only if document satisfies the requirement of foundation in pleadings and document is referred to in list of documents in plaint or written statement, but copy or original of such document is not filed along with plaint or written statement for..........
Evidence Act, 1872, Section 65(e), 74 -- Secondary evidence - Certified copy of registered sale deed - Private documents which are kept as public records by State shall form public documents - All public documents defined u/s 74 of the act are admissible as secondary evidence u/s 65(e) of the Act...........
Evidence Act, 1872, Section 65(e), 74(2) -- Secondary evidence - Certified copy of registered sale deed - Registered sale deed is a public record of private documents and admittedly falls within definition of public documents to S.74(2) of the Act - Certified copy of registered sale deed is thus, admissible as secondary evidence u/s 65(e) of the Act...........
Criminal Procedure Code, 1973, Section 91 -- Production of documents - Income tax return called from complainant by way of present application - However, it was nowhere established that Income Tax return was ever filed - There is thus, no justification to issue such direction u/s 91 Cr.P.C. to produce Income Tax return - However, if accused wants to set up his defence by..........
Hindu Adoptions and Maintenance Act, 1956, Section 16, Registration Act, 1908, Section 17 -- Adoption - Registered adoption deed - Relinquishment of adoption deed cannot nullify registered adoption deed, though, it can be taken as a ground in suit to seek cancellation of registered adoption deed and therein, to refer other documents to show that adoption was not given..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence closed by order after granting eight effective opportunities including three last opportunities - Said order not challenged - Application for additional evidence is in fact a back door entry which will have the effect of setting aside the order of closing evidence - Moreover by way of additional..........
