Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Land acquisition proceedings - Appellant by way of additional evidence sought to bring on record the sale deeds and certified copy of judgment and award passed by Reference Court - Sale deed in question according to appellant has direct bearing on determination of fair market value of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for permanent injunction - Documents which were sought to be produced at appellate stage were mainly public documents - Authenticity and genuineness of said documents was not in dispute - Suit for perpetual injunction is on assertion of settled possession - Hence, these documents..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Partition suit - Gift deed in favour of plaintiff sought to be produced - However, plaint does not include subject matter of gift deed sought to be produced - Reasons assigned by trial Court for rejecting application U.O.7.R.14 CPC are not perverse - Application rightly rejected...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Suit was pending from 2009 and application in question was filed in 2017 - Defendant admitted that documents sought to be brought on record were obtained by him in 2012 itself - No disclosure made by defendant in application as to why documents could not have been brought on record at earlier..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for specific performance - Defendant by way of additional evidence sought to produce documents to show that his mother's name was not Ram Kali with whom plaintiff entered into agreement to sell - Khatauni in question sought to be adduced as additional evidence cold not be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the time of deciding application U.O.7.R.11 CPC, only averments made in the plaint and documents annexed with the plaint are required to be considered...........
Insolvency and Bankruptcy Code, 2016, Section 9, Limitation Act, 1963, Article 137 -- Application u/s 9 of Code - Limitation - Appellate Tribunal taking additional documents on record and deciding appeal, on basis of such additional documents, without granting adequate opportunity of response to the corporate debtor - Impugned order set aside - NCLAT to reconsider the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Summoning of loan file - Sought to be summoned after completion of evidence of complainant - Accused not replied to demand notice or he did not file any such application at the time of taking cognizance or reading over the statement of charges - Trial Court as..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Period of limitation for an application U.O.21.R.90 CPC is 60 days as per Art.127 of Limitation Act - Application filed beyond period of 60 days is barred by law, particularly when sufficient documents were not produced by petitioner before executing Court in order to prove his inability for..........
Service -- Recruitment - Candidate has to comply with all conditions/eligibility criteria as per advertisement before cut-off date mentioned therein unless extended by recruiting authority - Only those documents which are submitted alongwith application form, which are required to be submitted as per advertisement have to be considered...........
