Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced not germane to dispute in appeal - Documents thus not required for disposal of appeal - Application dismissed - However, it is open to parties to produce these documents at time of trial if they are so advised...........
Civil Procedure Code, 1908, Order 16, Rule 6, 7 -- Summoning of Sub-Registrar along with record containing true extract of registered gift settlement deed - Certified copy of document in question already marked in evidence and same was certified to be true copy by none other than registration authorities themselves - That being so, asking Sub-Registrar to produce original..........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Xerox copy of partition deed - Original partition deed alleged to be in possession of defendant - Notice u/s 66 of the Act to produce the original partition deed was issued to defendant - However, defendant denied such possession - But existence of document itself is not denied by defendant at this stage - Document..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 29, Criminal Procedure Code, 1973, Section 482 -- Enhancement of maintenance - Reduction of maintenance by appellate Court - Petition u/s.482 Cr.P.C. still pending - When proceedings are still pending before the High Court, where same order passed by the appellate Court is challenged, Court should not have..........
Agreement to sell -- Genuineness - Agreement in question is in writing and duly signed by two attesting witnesses - Defendant failed to produce any evidence to prove that agreement to sell is result of fraud - Moreover, on date of execution of agreement to sell, defendant appointed plaintiff as his GPA and executed Will in favour of plaintiff with respect to suit property..........
Motor Vehicles Act, 1988, Section 149, 166 -- Fake Licence - Insurance Company failed at threshold and could not discharge initial onus of proving that driving licence was fake - Initial grievance of appellant that no opportunity was granted by Tribunal to produce evidence regarding fake licence no longer exists - Rather for remittance from High Court and after production..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Tenant seeking permission to produce photocopy of agreement on ground that original is with landlord - Application does not state in whose possession original was when photocopy was made, where, when and by whom it was made and purpose of original being photocopied - Tenant in no manner concerned with said agreement as..........
Criminal Procedure Code, 1973, Section 246(6) -- Application by Complainant to present himself again for examination-in-chief - S.246(6) Cr.P.C. permits a complainant to produce evidence of any remaining witness - This provision does not permit complainant to present himself again for examination-in-chief...........
Civil Procedure Code, 1908, Order 41, Rule 27, Evidence Act, 1872, Section 45 -- Additional evidence at appellate stage - Comparison of thumb impression - Appellants unable to give satisfactory reasons as to why they could not produce expert evidence before trial Court - Even, plaintiffs are guilty of remissness in the Court below as such they are not entitled to remove..........
Criminal Procedure Code, 1973, Section 172, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Neither police officer has refreshed his memory with reference to entries in police diary nor has trial court used entries in diary for purpose of contradicting police officer, it is not open for accused to produce certain pages of police diary obtained by him..........
