Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - Where party is denied an opportunity to adduce material evidence in support of its claim, order returning claim petition with an office objection, is liable to be set aside - Matter remitted to executing Court for fresh consideration of claim petition after affording both parties a fair and..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents in question were not produced due to lapses on part of previously engaged counsel - Petitioner was compelled to engage new counsel - Litigant should not be made to suffer for lapses of his counsel - Moreover, a lis should be decided on merits rather on technicalities - One last opportunity is thus,..........
Adverse possession -- Unless plea of adverse possession has been specifically raised in pleadings, put in issue and then cogent and convincing evidence is led on a multitude of points and an opportunity to refute the case is made out by plaintiff and availed of by defendant, plea of adverse possession cannot be allowed to be flung as a surprise, on an unsuspecting..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff by way of amendment challenged the judgment and decree as well as mutation - Said judgment and decree and mutation were within his knowledge, rather factum of same finds mentioned in plaint itself - Amendment would change nature of suit and would amount to a de novo trial as even though..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Call to be taken by Courts for payment of Court fee or not, shall be appropriately considered by framing an issue upon the same and providing an opportunity to lead evidence and hearing parties to lis - Payment of ad valorem Court fee under these circumstances is mixed question of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination - Plea for deferral u/s 254(3) BNSS must preferably be made before presentation of case calendar or at earliest available opportunity, before defence strategy become known to prosecution...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination of 6 prosecution witness until they are examined in chief - Witnesses cited as eye-witnesses in challan, on same set of facts - Petitioners pleaded that cross-examination of these witnesses may disclose defence strategy and provide opportunity to..........
Criminal Procedure Code, 1973, Section 233(3) -- Defence evidence - Unless Court feels that prayer is made to protract the course of trial or to vex the parties, opportunity to lead evidence in defence ought to have been granted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 313 -- Murder of four members of family - Dying declarations - Evidence of PW11 about dying declarations made by deceased persons has not been put to accused in his examination u/s 313 Cr.P.C - Even the fact that dying declarations were made by deceased to PW11 was..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession and permanent injunction - Courts below after proper appreciation of oral and documentary evidence have concurrently held that plaintiffs have failed to establish location and encroachment over their land - Demarcation reports relied upon by plaintiffs merely refers to certain parts of Survey..........
