Indian Penal Code, 1860, Section 143, 448, 504 -- Unlawful assembly - Delivering a speech or raising slogans does not constitute offence under IPC - Moreover, there is no evidence of violence or threats that could have disturbed public peace and order - Dispute in question remains a civil matter and allegations made do not constitute a criminal offence - Order taking..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Mere fact that appellate Court has enabling power to permit parties to lead additional evidence, that cannot be the only ground to remit the matter back to lower Court...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - It is not open for Court to re-assess the evidence to record independent finding of fact - However, it is open for appellant to satisfy the Court that findings of fact recorded by Courts below are inconsistent with the evidence on record and hence perverse...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Mere appreciation of facts, documentary evidence and contents of documents cannot be held to be raising a substantial question of law...........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Certified copy of registered Will and certified copy of orders passed by joint Collector - Defendant admitted the matter of implementation of Will Deed went upto Joint Collector in Revision proceedings under ROR Act and Joint Collector after hearing both sides directed plaintiff to get his rights decided by Civil..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for joint possession and permanent injunction - Plaintiffs have not been able to prove that suit properties were ancestral property - No documentary evidence has been pointed out to show that suit properties were coming through four male lineal descendants - Plaintiff has not been able to show how khasra..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Original issues were framed in the presence of counsel for defendants - It was specifically stated at that stage that no other issue was pressed and case was adjourned for evidence of plaintiffs - Application for framing additional issues had been filed after much delay - Framing of additional issue would..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC allowed prior to deciding the main appeal - Order allowing application set aside on this short ground - First Appellate Court directed to consider the application U.O.41.R.27 CPC r/w S.151 CPC for additional evidence afresh along with main..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - Un-registered sale deed - When a document is inadmissible in evidence for want of registration, none of its terms can be admitted in evidence - Trial Court rightly refused to admit the document - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Defendants supporting plaintiff - Cannot be asked to lead evidence first before contesting defendant when no reason is assigned why such defendants should be examined first and no prejudice is shown which is likely to be caused to the contesting defendant - Neither party can insist that other one should be asked to lead its..........
