Evidence Act, 1872, Section 114 -- A party in possession of best evidence is bound to produce the same on record irrespective of onus or burden of proof - Court may draw an adverse inference if he withholds important documents in his possession which can throw light on the facts at issue...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 50, 61, 85 -- Contraband - Non-joining of independent witness - Credibility of police official's statement - Merely because no independent person had co-operated to join the raid, testimony of police officers which otherwise inspires confidence cannot be discarded - Raid was conducted meticulously - There..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Cannot be granted merely for the reason that documents not produced by defendant which he has undertaken to produce - Order of temporary injunction can be passed only when Court is satisfied that plaintiff has made out a prima facie case and that balance of convenience is in favour of passing order of..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Want of jurisdiction - Court shall return the vakalath and documents filed by plaintiff when plaint is returned for want of jurisdiction - However, it shall not give plaintiff written statement or documents or other proceedings filed by other party...........
Civil Procedure Code, 1908, Order 7, Rule 10A -- Return of plaint for presentation to proper Court - If plaint presented in proper Court after its return is a new plaint, defendant has every right to file a new written statement even though he had filed a written statement in Court which returned the plaint - But it is not necessary for him to file a new written statement..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Photocopy of document/receipt, which is the basis of suit - Original receipt was misplaced - Plaintiff seeks permission to place on record photocopy of said receipt, which in fact is mentioned in the list of documents - No prejudice is caused to defendant, as Court below had only allowed the..........
Evidence Act, 1872, Section 3 -- Document - Articles like Memory Card, Hard Disc, CD, Pe, drive, etc., containing relevant data in electronic form are `documents' as defined u/s 3 of Evidence Act, albeit, marking them as material objects...........
Civil Procedure Code, 1908, Order 11, Rule 14, 21 -- Production of documents - Non compliance of order - Court is not given discretion U.O.11.R.21 CPC to dismiss the suit for non prosecution or strike out the defence in case of non compliance of the order of production - U.O.11.R.21 CPC there are three grounds only upon which a Court can strike out the defence of a..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Provision of S.156(3) Cr.P.C. is discretionary and not mandatory as application has to be supported by an Affidavit - It is because once an affidavit is found to be false, deponent will be liable for prosecution in accordance with law - This will deter from casually invoking the authority of..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of additional documents after filing of written statement - Provision is liberal - Provision is discretionary and discretion should be exercised to ascertain the truth and put an end to the controversy - In the instant case documents could not be produced at the time of filing of written statement - Order rejecting..........
