Civil Procedure Code, 1908, Order 41, Rule 28 -- Additional evidence at appellate stage - Mode of taking - First appellate Court after allowing of additional evidence may either record same of its own or direct trial Court to record it or send same to it - Instead of following procedure U.O.41.R.28 CPC, first appellate Court adopted a shortcut method to dispose of appeal..........
Criminal Procedure Code, 1973, Section 311 -- Order of Court to summon any witness after closure of evidence - Cannot be treated as a review of order closing evidence...........
Criminal Procedure Code, 1973, Section 311 -- Examination of two Medical Officers - After closure of prosecution evidence - Complainant sought examination of two doctors to prove medico legal report and x-ray report - Such evidence would advance cause of justice and it is essential to just decision of case - It does not amount to review of order closing evidence - Order..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought to be produced at the stage when case was reserved for pronouncement of judgment - Suit pending for the last 12 years - No specific averments made in application as to why despite due diligence documents intended to be produced as additional evidence could not be filed at the time of leading evidence -..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Ex parte order - Party to a lis has at least a right to appear before Court even after being proceeded against ex-parte - Ex-parte order set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income tax return of husband showing his annual income Rs.4,03,804 for the year 2015-16 is on record - Husband can easily pay maintenance of Rs.15,000 pm as awarded and cannot be said to be exorbitant - Said order calls for no interference...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Rule 2 -- Eviction order - Execution proceedings - Application U.O.21.R.2 CPC - Dismissal of application - Courts below rightly stated that objections have been filed with a malafide intention only with a view to delay execution proceedings - Application rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Plea of accused that he informed bank authority of forceful taking of cheques by complainant immediately after occurrence - Plea not proved, there being no supporting evidence either oral or documentary - Moreover, his contention..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Premises in question belonging to defendant/father - Two consecutive Courts have held that plaintiff/son is not having any right to be protected under order of temporary injunction - Person holding possession for a long time is the general law pertaining to possession, cannot be applied where father..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 186, 353, 307, 482, 34, Arms Act, 1959, Section 27 -- Framing of charge - Offence u/ss 186, 353, 307, 482, 34 IPC and S.27 Arms Act - As prosecution has failed to record statement of any police official that after surrender and arrest of petitioner in Court, he was identified by them as the person..........
