East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Application to lead secondary evidence to prove rent note was dismissed - Once tenant has taken a categoric stand that he had not been inducted as a tenant by father and husband of landlord question of leading evidence for production of rent note would not arise - It would amount to taking a..........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Defendant stating that original Will is in possession of plaintiff - Contention of plaintiff that he is not having possession of alleged Will - No valid and sufficient grounds are made out by defendant in support of his request to direct plaintiff to cause production of alleged original Will - Held, defendant..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Not believable that documents were not in the knowledge of petitioner for which not even a reference was made in the written statement - Case at the stage of defendant's evidence - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Additional evidence at appellate stage - Dishonour of cheque - Documents sought by accused to demonstrate that cheque was drawn by way of security only and to contest the quantum of liability of which cheque was already drawn - Omission to produce said documents before trial Court..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(b) -- Recovery of 250 gms charas - Non-production of material exhibit in Court - Nor one of sample which might have been retained by I.O. brought up - In order to substantiate sample was prepared at the spot having signature of accused, seizure-list witnesses as well as informant should have been..........
Criminal Procedure Code, 1973, Section 438, 91(1) -- Anticipatory bail - Non-production of an article by accused pursuant to notice issued to him by I.O u/s 91(1) Cr.P.C - Does not amount to not co-operating with investigation of case, as if an accused does not produce article before I.O., search of it can be conducted and it may be seized by police - Order cancelling..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Production of documents - Certified copies of documents of earlier proceedings sought to be produced which are plaint, written statement and corresponding orders passed by Court in earlier proceedings - Suit is for recovery of possession after serving a notice u/s 106 of T.P Act - Nothing more is required to be gone into..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized property - Interim custody - Preservation of property during trial of case - It is not necessary that original property inevitably has to be preserved and produced - Reception of secondary evidence is permissible - Instead of producing original property production of photographs of property, depicting all..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Where plaintiff has filed an application U.O.7.R.14(3) CPC wherein leave of Court is being sought to place a document, which was not placed on record in terms of O.7.R.14(1) CPC, then it is not as if Court concerned has to mechanically allow application by permitting plaintiff to place on..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - While deciding application U.O.7.R.14(3) CPC, it is duty of Court to make minimal scrutiny as to whether document being intended to be placed on record is really required for purpose of adjudication of lis or not and whether parties have satisfied as to why earlier it could not do so despite..........
