Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Original Will permitted to be placed on record - However there is no discussion in impugned order as to why original Will was permitted to be placed on record, when testator of Will was alive and impleaded as defendant No.1 in main civil suit - This demonstrate that trial Court passed..........
Evidence Act, 1872, Section 65B(4) -- Certificate u/s 65-B(4) of the Act - Requirement of production of certificate u/s 65-B(4) is procedural in nature and can be relaxed by Court wherever interest of justice so requires...........
Criminal Procedure Code, 1973, Section 91, 233(3) -- Preparation and production of a document - Process cannot be issued directing a person to prepare a document and produce it - Process can only be issued for the production of any existing document or thing...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of document - Plaintiff cannot be permitted to file additional documents invoking provision of O.7.R.14 CPC when his evidence is over, that too when suit is filed in the year 2012 and case reached at the stage of defendant's evidence - Application rightly rejected...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Source of income - Non production of document with regard to source of income to advance loan - Not a ground to dismiss complaint...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 223 kg poppy straw - Production of case property in Court - If seizure is otherwise not in doubt, there is no requirement that the entire material ought to be produced before Court...........
Constitution of India, 1950, Article 235 -- Judicial misconduct - Acquittal of accused in offence under NDPS Act - Challenge as to - Appellant/Special Judge, closed evidence of prosecution resulting into non-examination of material witnesses - As per enquiry officer appellant did not send any communication to the concerned authorities to ensure the production of witnesses..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Documents sought are relevant with regard to dispute between parties except document No.1 - Said documents are in the name of person for whose properties suit for partition is being filed by plaintiffs - Documents except document No.1 are taken on record subject to payment of Rs.4000 as cost..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Production of photographs - Petitioner only wants to put other party to cross-examination as to whether such photographs showing presence of prosecutrix were actually taken in her presence or not - Court below rejected the application on the ground that petitioner had not produced source from which photographs were..........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - If a person is arrested and not produced before jurisdictional Court, he is entitled to maintain a petition u/s 437 Cr.P.C, as there is no need of actual production of accused before jurisdictional Court seeking bail u/s 437 Cr.P.C...........
