Evidence Act, 1872, Section 65B -- CDR's - Production of S.65-B certificate is mandatory for producing CDR's as evidence in the suit - Non production of certificate of S.65-B of the Act is a curable defect and it can be produced at any time before completion of trial...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Written statement - Late production of documents - Documents in question are public documents and reliability and sanctity of the same cannot be doubted - Trial is still at evidence stage of defendant - Documents cannot be rejected merely on the ground of delay, as defendant validly disclosed the reason for not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254 -- Dishonour of cheque - Production of two promissory notes by which accused had taken loan and to discharge the amount he issued the cheques which were dishonoured - Copies of said promissory notes were already provided to accused before trial Court - Order allowing application of..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Suit filed in the year 2008 and matter was adjourned on several occasions - Merely because documents are not available at the time of petitioner's evidence, not sufficient to grant leave to petitioner to file said documents after lapse of long time without necessary details like when and how..........
Service -- Cancellation of candidature - Non-furnishing of original character certificates - Candidate should possess the character certificate and if required, it may be made available at the time of interview as per Rules applicable - Production of original certificates at the time of interview is thus, not mandatory but directory - Proof is available and true..........
Evidence Act, 1872, Section 90, 110 -- Sale deed - When the execution of sale deed was not disputed and when contents of original sale deed was proved by production of certified copy there was absolutely no reason to look for the application of Ss.90, 110 of Evidence Act...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Evidentiary value of documents cannot be seen at the stage of its production...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Mere production of documents will not amount to the proof of contents thereof...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Mere production of documents will not prejudice the rights of defendants in any manner, more particularly, when they will get a chance to cross-examine the witnesses produced by plaintiff and will also get a chance to rebut the evidence led by him - Application rightly allowed...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Documents in question were very much available with defendants at the time of filing of written statement, but they did not file the same and they want to show that they retained them as they were required for taking loan from banks or getting benefits from the Government but no material is..........
