Criminal Procedure Code, 1973, Section 91 -- Document - Summoning of - No such document in existence which is sought to be summoned - Application rightly rejected...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of account books - Can be ordered only when it is necessary or desirable for the purposes of the trial...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Signatures alleged to be forged - Application for production of bills and challans by complainant - Dismissal of application - Order not proper - However, order not interfered with in revision as accused participated in trial and cross examined all witnesses -..........
Criminal Procedure Code, 1973, Section 91, 173(6), 207 -- Case diary - In the course of trial accused can seek production of case diary under S.91 Cr.P.C. - But case diary can be used by accused only for the purpose of drawing the attention of witness to the part which is to be used for contradicting him - Court has power to allow production of case diary on request of..........
Criminal Procedure Code, 1973, Section 91, 173(6), 207 -- Challan - Challan put up by the police - Police investigated the case and put up challan - Police withholding statements and evidence which was in favour of accused - It is for the Magistrate to decide whether to accept the reasons given by the police for withholding of the statement or not - If Magistrate does not..........
Criminal Procedure Code, 1973, Section 91, 482 -- Documents - Order to summon certain documents from Govt. - In compliance of order certain documents produced and some of documents not produced - Accused directed to get the documents produced on his own - Held, it is highly impossible to get these documents from Govt. offices by the accused, who is facing trial - Trial..........
Criminal Procedure Code, 1973, Section 91 -- Forgery of document - FIR lodged - Original document produced in a civil case pending in between the parties - Direction given to handover the original to police so that the original could be sent to FSL for their opinion - Police directed to keep the said document in safe custody and to produce it before Civil or Criminal Court..........
Criminal Procedure Code, 1973, Section 91, 172, 173 -- During investigation police on information provided by accused recovered certain photos, love letters and some STD slips - Those documents not produced alongwith challan - Documents or evidence which can be provided immediately need not be held back till accused enters defence - Trial Court directed to summon earlier..........
Civil Procedure Code, 1908, Order 21, Rule 92, 89, 90, 91, Limitation Act, 1963, Article 127 -- Auction sale - Confirmed without waiting for the period of limitation to expire to file objections - Executing Court cannot take step of confirmation of sale without waiting either till the expiry of 60 days time for filing application to set aside sale or if such application is..........
Civil Procedure Code, 1908, Order 21, Rule 92, 89, 90, 91, Limitation Act, 1963, Article 127 -- Auction sale - Confirmed one month before expiry of limitation of 60 days to file objections - Order confirming sale set aside - As regards limitation, left over time of about 29 days would be available to J.D. - As J.D. has paid the amount as required to be deposited..........
