Arbitration and Conciliation Act, 1996, Section 47 -- Foreign award - Enforcement - Non-filing of arbitration agreement or original award or relevant document mentioned in S.47 of the Act should not entail dismissal of application for enforcement of an award at the initial stage - Word `shall' relating to production of evidence in S.47 at time of application has to be read..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of document - Document which ought to be produced when plaint is presented shall not be received in evidence during hearing of suit without leave of Court...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of sale deed - Production of same during cross examination of defendant - Trial Court permitted him to do so - Amounts to implied permission of Court as warranted by O.7.R.14(3) CPC...........
Prevention of Corruption Act, 1988, Section 13(1)(c)(d)(e), 13(2), Criminal Procedure Code, 1973, Section 300 -- Offence u/ss 13(1)(c)(d)(e), 13(2) of P.C. Act - Double jeopardy - Accused discharged due to lack of proper sanction - Proper order of sanction for prosecution issued thereafter - Fresh/supplementary charge sheet filed - Principle of "double jeopardy" do not..........
Plot -- Allotment of industrial plot - Resumption due to no, construction with stipulated time - Construction of building and commencement of production are integral part of terms and conditions of order of allotment - Buildings were not constructed for 20 long years after allotment despite being a clear stipulation in allotment letter requiring completion of construction..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Leave of Court to produce said documents at hearing of suit - No cause given for belated filing of documents - Application is nothing but a ruse to delay the proceedings - Application dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 27, 23, 23A -- Additional evidence at appellate stage - Remand - High Court Committed error by allowing three applications filed U.O.41.R.27 CPC and relegated the parties before trial Court - High Court ought not to interfere with discretion exercised by First Appellate Court in dismissing said three applications, that too when..........
Evidence Act, 1872, Section 114 -- Promissory note - Plaintiff alleges that defendant borrowed loan amount under two promissory notes from PW2, who is partner of finance companies - Non-production of personal ledger and personal cash book of plaintiff, is fatal to facts of case - Adverse inference thus, drawn against plaintiff u/s 114 of Evidence Act - Defendant rebutted..........
Civil Procedure Code, 1908, Order 12, Rule 8 -- Notice U.O.12.R.8 CPC - Non-production of document as demanded in notice - Adverse inference cannot be drawn against a party called upon to produce a document, as U.O.12.R.8 CPC only a demand is made calling upon other side to produce certain documents - Relevancy of documents sought to be got produced is to be examined by..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of document - After evidence of plaintiff's witnesses - Suit for specific performance - Document in issue was in knowledge of plaintiff at time of his cross-examination - Further he was advised to bring the same on record - Application if allowed, would delay the adjudication of suit - Application rightly,..........
