Civil Procedure Code, 1908, Order 11, Rule 12, 14 -- Production of document - Document sought to be summoned by plaintiff was a public document and it could have been produced after obtaining certified copy of same - Defendant specifically denied that document in question is in their possession, thus same can be summoned from revenue Department, as same is in possession of..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Certified copies of documents sought to be produced by plaintiff without wishing to lead any further oral evidence in support thereof - No harm would be done to defendants, as it would not delay suit any further for want of witnesses coming forward to testify in support of those documents -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Production and proof of agreement relating to alleged transaction between complainant and accused - Case of complainant is not based on this document but it is based on dishonoured cheque - It is not that attempt of complainant in..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Permission can be granted by Court only on fulfilling certain parameters which include explanation on part of petitioner as to why documents could not be filed along with written statement...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Documents sought to be produced pertain to period prior to fling of suit - No explanation given for not producing documents along with written statement - Application rightly rejected...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Non appearance due to serious illness - Non production of medical certificate - Not sufficient to hold that he was not ill, particularly when he was a man of 70 years old and expired during proceedings initiated U.O.9.R.13 CPC - Ex parte decree rightly set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Production of account books/cash book to prove the amount due - May be relevant in civil suit but not so in a case u/s 138 of N.I. Act as presumption is raised in favour of holder of cheque...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Late production of document - Document sought to be produced when case was at the stage of arguments - Document not produced earlier due to inadvertence - Provision of O.7.R.14 CPC not meant for this purpose - Said provision can come to the rescue of a party who bona fidely could not place a document earlier on record and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Cease to occupy - Tenant has failed to produce documents to prove sale and purchase of shawls from the tenanted premises - Even, electricity consumption bill was not paid by tenant for a period of 2 years - Moreover, production of accounts books also does not depict that business was being..........
Evidence Act, 1872, Section 65B -- Electronic evidence - Non-production of certificate u/s 65-B of the Act - Production of certificate though is a curable defect, but applicant should explain from whose custody he has procured said CCTV Footage - Unless basic authenticity of said document/electronic record is shown, it cannot be even used in cross-examination...........
