Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Evidence of defendant closed by order - This order not challenged by way of revision or otherwise and became final - Defendant thereafter cannot be allowed to produce same evidence by way of additional evidence without bringing his case strictly within the provisions of O.18.R.17-A CPC...........
Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Evidence closed by order as defendant No.3 failed to examine witnesses inspite of various opportunities - Merely because another defendant moved application for setting aside ex parte proceedings on date when evidence of defendant No.3 was closed and trial Court adjourned case for reply and consideration of said..........
Civil Procedure Code, 1908, Order 18, Rule 17-A, Civil Procedure Code, 1908, Order 18, Rule 2(4) -- Evidence closed by order - Repeated adjournments granted to produce evidence - Last opportunity granted - Even conditional costs not paid - Held, provisions of O.18.R.2(4) and O.18.R.17-A do not apply to a case when evidence is closed by order...........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Expert - Examination in rebuttal - Will - Initial onus to prove on plaintiff is discharged on examination of scribe and attesting witnesses - Examination of an expert in the first instance is not essential - If the defendant examines a handwriting expert, plaintiff can well take it that onus again shifted on him to rebut..........
Criminal Procedure Code, 1973, Section 301, 225 -- Sessions case - Prosecution by private counsel - Permissibility - Prosecution in a Sessions Court cannot be conducted by any one other than Public Prosecutor - Private counsel can act only under directions of Public Prosecutor - Lawyer appointed by complainant or private person with permission of Court may only submit..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Notice - Not personally served on the accused - Postal endorsement that addressee not available - It is purely a question of fact which can be investigated during the trial of the case as to whether the notice was actually taken by the Postal department to the accused and they..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Evidence closed - Case not decided forthwith but adjourned for arguments - If the case is not decided forthwith, evidence of the party at fault cannot be closed - The very purpose of the procedure laid down in O.17.R.3 CPC is defeated if case is not decided forthwith - Petitioner granted one opportunity to lead evidence at..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- If case being proceeded under Order 17 Rule 3 and not decided forthwith - Evidence of party at fault cannot be closed - Opportunity to produce witnesses on next date of hearing - Cannot be denied - Granting or refusing to grant adjournment - Within discretion of Court - After refusing to grant further adjournment evidence..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Evidence of parties closed - Two material witnesses not examined by plaintiff - Sought to be examined by way of leading additional evidence - The Court has to keep in mind the fact that illiterate villagers heavily rely upon the counsel they engage and believe that all necessary to pursue and prove..........
Negotiable Instruments Act, 1881, Section 138 -- Post dated cheque - Account closed prior to the date written on the cheque - Offence is committed - In the instant case cheque drawn on 5.9.1990 bearing the date 5.1.1991 - Account closed on 17.12.90 - Cheque presented for collection and dishonoured on account of `Account closed' - Held, provisions of S.138 are attracted...........
