Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - Application filed after lapse of five years from filing of suit at the stage when suit was pending for cross examination of DW2 and to prolong the proceedings - Trial of case is going to be closed and suit is now ripe for arguments - Application rightly rejected...........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Recall of CW1 - Earlier application filed u/s 311 Cr.P.C. for recall of CW1 was rejected and since accused did not chose to challenge the said order, same attained finality - Accused thus, has no right to move another application with same prayer for same purpose on the ground that certain..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed through General Power of Attorney holder - GPA examined as a witness and cross examined - Thereafter complainant himself cannot be allowed to appear as his own witness as in that event complainant would get a chance to rectify the lacunae that surfaced during cross examination of his GPA..........
Agreement to sell -- Specific performance - Non framing of specific issue of readiness and willingness - Non denial in written statement of specific averment in plaint as to readiness and willingness - Plaintiff was subjected to elaborate cross examination by defendant on the aspect of readiness and willingness - Objection raised to this effect for the first time in..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Right of accused to cross-examine the witness was closed on the ground that he failed to file an application u/s 145(2) of the Act - However, on the said date he was exempted from personal appearance - Accused thus, was not afforded reasonable opportunity to file application u/s 145(2) of the..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Complainant, after filing affidavit in examination-in-chief was cross examined - Complainant for valid reasons can only be summoned for re-examination for the purpose of explanation of matters referred to in cross examination but cannot be permitted to re-file an affidavit in..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Re-examination of complainant - Complainant, after filing affidavit in examination-in-chief was cross examined - For the purpose to arrive at a just decision and fair conclusion, re-examination of complainant can be permitted and complainant for the mistake..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Defendant seeking permission to lead additional evidence after closure of his evidence - Same allowed only on the ground that plaintiff will have a right to cross examine the witness without going into the question whether same could be allowed once the evidence of defendant was closed - Order totally cryptic..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of site plan - Original document in the office of SDM is missing and photocopy of same is available - Document in question i.e photocopy of original can be permitted to be admitted as secondary evidence as it fulfills the conditions as prescribed u/s 65(c) of the Act - No prejudice is caused to accused, as he..........
Evidence Act, 1872, Section 137 -- Cross examination - Matrimonial dispute - Cross examination must be concluded within a reasonable time limit - Right of husband to cross examine wife closed as he was not present to cross examine wife even after cross examining wife on date after date - Such cross examination in matrimonial matters is nothing more than sheer harassment -..........
