Evidence Act, 1872, Section 40, 41, 42, 43 -- Relevancy of judgment - Criminal and civil proceedings - There is no embargo in referring to or relying on an admissible evidence be of a civil Court or criminal Court both in civil or criminal proceedings...........
Evidence Act, 1872, Section 40, 41, 42, 43 -- Relevancy of judgment - Criminal and civil proceedings - Order passed u/s 19 of PWDV Act, whether interim or final shall be relevant and have to be given weight as one of evidence in civil Suit but evidentiary value of such evidence is limited - Findings arrived therein by Magistrate are although not binding on civil Court but..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(h) -- Temporary injunction - Restraining defendants from constructing walls for Toll Plaza - Land acquisition process for constructing National Highway cannot be interfered with at the instance of plaintiffs - Neither there is any attempt on their part to approach revenue authorities for..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - De novo trial - Court has ample power to remit matter for de novo trial only when appellate Court found that re-trial is necessary...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - De novo trial - Suit for permanent injunction and mandatory injunction - Plaintiffs and defendant no.1 claim tenancy under defendant no.2 - However, defendant no.2 remained ex parte - Production of documents available with defendant no.2 regarding leasehold right will have much assistance to Court for an effective..........
Motor Vehicles Act, 1988, Section 41(6), Madhya Pradesh Motor Vehicle Rules, 1994, Rule 55A -- Registration of motor vehicle - R-55-A of Rules was within ambit of powers delegated to State and directly related to performance of its functions u/s 41(6) of the Act, for which it could legitimately claim a fee, as done through R.55-A of Rules...........
Civil Procedure Code, 1908, Order 41, Rule 27(b), 25 -- Additional evidence at appellate stage - Once first appellate Court allowed application U.O.41.R.27(b) CPC by coming to conclusion that document supporting legal plea of defendant should be allowed to be adduced as additional evidence, it rightly allowed the appeal and remanded subject suit to trial Court for fresh..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A(1) -- Condonation of delay - Delay of 209 days in filing appeal - Wife of defendant suffering from serious illness - Both defendant and his wife are senior citizens - Material on record shows that defendant made to go around doctors and hospital for treatment of his wife and in that process..........
Specific Relief Act, 1963, Section 34, 38, 41(h), Transfer of Property Act, 1882, Section 53A -- Decree of declaration of title - Claim for - Plaintiff also seeking relief of permanent injunction restraining defendant from interfering with their possession - Plea of adverse possession by plaintiff - As per averments in plaint, plaintiff's father and thereafter he himself..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Right of pre-emption - Sale deed has come in existence during pendency of present 1st appeal and it was never sought to be produced before 1st appellate Court despite the fact that after its execution, 1st appeal remained pending decision for about 4 years and 9 months - Moreover, it is not mentioned or..........
