Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to declare the documents executed during pendency of suit by defendant as null and void - Proposed amendment would not constitutionally or fundamentally change the nature and character of suit - Defendant executed document in spite of interim injunction passed by Court below, which shows..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Pendency of further investigation qua other accused or for production of some documents not available at the time of filing charge sheet would neither vitiate chargesheet nor would it entitle accused to claim right to get default bail on the ground that charge sheet was an incomplete charge sheet or that..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 406, 467, 468, 471, 120B -- Quashing of FIR - Offence alleged to be committed on the basis of fabricating and forged documents - However, there is no reference to any document which has been forged - More so, complainant failed to appear before Court to justify the allegations made..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Fabrication of records - Quashing of FIR - Question whether accused was involved in fabricating official documents by misusing his official position as a public servant is a matter of trial - High Court was not justified in quashing complaint as well as charge sheet in its entirety when there are two..........
Criminal Procedure Code, 1973, Section 202 -- Inquiry u/s 202 Cr.P.C - If Magistrate prefers to hold an inquiry himself, it shall not be imperative for him to examine witness on oath and in suitable cases, he may examine documents for satisfying himself, as to sufficiency of grounds for proceeding u/s 202 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Loan advanced to accused from the account of firm and not from personal account of complainant - Books of account or income Tax returns of firm of complainant have not been produced - Had the complainant produced said documents, facts concerning enforceable debt could have been easily..........
Civil Procedure Code, 1908, Order 11, Rule 15 -- Inspection of documents - Power U.O.11.R.15 CPC cannot be exercised at the stage of appeal after contesting the suit on merits and passing of decree against petitioner...........
Civil Procedure Code, 1908, Order 11, Rule 15 -- Inspection of documents - O.11.R.15 CPC prescribes a time limit for the purpose to inspect the document referred in the pleadings or affidavits and i.e at or before the settlement of issues - Inspection of documents thus, has to be completed by the time issues are settled and not later than that...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 511 -- Forged documents - Handwriting and signatures on alleged forged documents were not compared with standard handwriting and signature of petitioner - More so, in the absence of cross-examination of I.O. to prove the alleged documents completely suffocates the case of prosecution - Drawing an adverse inference..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Whether a person is in possession or not, actual, deemed or constructive is a fact to be established or dismantled by parties by leading evidence to be appreciated by trial Court on the conclusion of trial - It is not a fact which can be elucidated or extracted from the averments of plaint and..........
