Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 8, Rule 1A(4)(a), Civil Procedure Code, 1908, Order 13, Rule 1(3), Evidence Act, 1872, Section 137 -- Production of documents - at the stage of cross examination of a party when appearing as its own witness or a witness, is permissible in law...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Merely on the ground of delay, an application U.O.8.R.1-A CPC is not to be rejected...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - No pleading of the defendant in written statement regarding documents sought to be produced - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Mere production of document cannot be held to be due proof of its contents...........
Criminal Procedure Code, 1973, Section 125, 91 -- Maintenance to wife - Production of income tax return and bank statement of Firm of wife - Wife has not only filed an affidavit but also copies of income tax returns from which it can be easily ascertained that what is the income of wife and whether she is in a position to maintain herself or not - Moreover, application of..........
Criminal Procedure Code, 1973, Section 91 -- Preservation of call details records and tower location - Call details of police officials - No doubt while passing appropriate direction for preserving and production of call details/tower location details u/s 91 Cr.P.C would violate the right of privacy of police officials but right of accused u/art 21 of Constitution in..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Law as to - (a) Law requires the best evidence to be given first, that is, primary evidence; (b) S.63 of the Evidence Act provides a list of the kinds of documents that can be produced as secondary evidence, which is admissible only in the absence of primary evidence; (c) If the original document is available, it has..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of income tax returns of complainant - Income tax returns of complainant needed due to certain response elicited during course of cross-examining complainant - By allowing the application, complainant cannot claim that he will be put to hardship and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 2 kgs Ganja - Search and seizure - Non-production of independent eye witness of alleged recovery and even no explanation has been offered for his non production - It is serious lacuna which has made the prosecution case very doubtful - Accused acquitted...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Suit for specific performance - Documents in question are necessary to prove capacity and readiness of plaintiff in the suit and are necessary to come to just conclusion - Moreover, no prejudice would be caused to defendant if documents are received - Application rightly allowed...........
