Criminal Procedure Code, 1973, Section 233(3) -- Summoning of defence witness, production of document or thing - Cannot be rejected by Court as unnecessary - Discretion of Court to reject such an application is only on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice - Subject to those restrictions, accused is having..........
Civil Procedure Code, 1908, Section 30, Order 7, Rule 14(3) -- Production of documents - Duty of Court - Where Court is of the view document is necessary for proper adjudication of case, even in absence of prayer from either of the parties, Court is at liberty to call for a document...........
Civil Procedure Code, 1908, Section 30, Order 7, Rule 14(3) -- Production of documents - At the stage of examination-in-chief - Documents are relevant and indispensable for proving the case of plaintiff - Plaintiff had already produced photocopy of document at threshold, so defendants had due notice of the same - Merely because plaintiff did not file a formal application..........
Civil Procedure Code, 1908, Order 7, Rule 17, Civil Procedure Code, 1908, Order 18 -- Production of Shop Books - If plaintiff sues for recovery of amount on basis of an entry in shop book or other account in his possession or power, plaintiff shall produce same at time of filing plaint along with copy of entry and Court below would mar document after comparing and..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Production of documents - Defendant seeking production of three documents at the stage of evidence of defendant - Right of filing additional documents cannot be denied at this stage as mere receiving of documents will not give any right or title to respective parties in suit, as marking of document and its admissibility will..........
Civil Procedure Code, 1908, Order 12, Rule 8 -- Notice U.O.12.R.8 CPC - Non-production of document inspite of notice - Adverse inference cannot be drawn against a party called upon to produce a document, unless it is proved that document in fact is in possession and custody of party concerned - Even otherwise, such inference is no more than presumptive evidence which by..........
Civil Procedure Code, 1908, Order 11, Rule 21, Civil Procedure Code, 1908, Order 11, Rule 14, Evidence Act, 1872, Section 114 -- Striking out defence - On ground of no, compliance with order for discovery of documents - Suit for eviction - Held, for no, production of document or withholding material evidence, at the most an adverse inference can be drawn as per S.114,..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - An application u/s 11 of Act is expected to contain pleading about existence of a dispute and applicant is not expected to justify the claim or plead extensively in regard to limitation or production of document to demonstrate that claim is within time and that issue should normally be left..........
Evidence Act, 1872, Section 65 -- Secondary evidence - It is necessary for Court before allowing secondary evidence to form an opinion and be satisfied about existence of conditions u/s 65 of the Act under which such production can be allowed - In the instant case trial Court did not advert to the requirement of S.65 of the Act and did not consider the contentions raised..........
Evidence Act, 1872, Section 65 -- Secondary evidence - To seek secondary evidence it must be taken a ground that document is missing or lost or in the custody of adversary or any other ground so that other party conducts cross examination in effective manner so as to establish that no such circumstance exists for production of secondary evidence - Moreover, proof of..........
