Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced in evidence are relevant and crucial to decision of case - First appellate Court has erred in refusing to permit petitioner to produce and prove the same - Even if documents were in the knowledge of petitioners same could be allowed subject to payment..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Tenant seeking appointment of Local Commissioner in appeal - Appellate Court dismissed application by holding that there is sufficient evidence led by both the parties on record to adjudication upon the controversy - Nothing stated as to what prevented for not filing such application in the trial Court -..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Suit was filed in the year 1992 and written statement was filed in 2017 along with counter claim due to which proceedings of suit has been delayed - Though the act of defendants is not appreciable, but since written statement has already been taken on record and suit has proceeded, Court below should have..........
Civil Procedure Code, 1908, Section 35A -- Compensatory cost - Frivolous litigation - Three conditions are to be satisfied before Court proposes to award costs: (i) claim or defence must be false or vexatious; (ii) objections must be taken that claims or defence is false or vexatious to knowledge of party raising it; (iii) such claim or defence must have been disallowed or..........
Civil Procedure Code, 1908, Section 35A -- Compensatory cost - Objection was raised in written statement that suit was false and vexatious - Suit withdrawn by plaintiff and same was not decided on merits - Trial Court failed to pass any order about payment of costs - Trial Court directed to pass order in accordance with law as to whether defendant is entitled to costs - If..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross examination - Permission sought when case was fixed for defendant's evidence - Defendant intends to further cross-examine PW1 on procedural aspects fixed by vendor of plaintiffs on various acts at the time of execution of sale deed - Said aspect came to knowledge of defendant on conclusion of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court allowed appeal in the absence of framing any substantial question of law that too at the admission stage without issuance of notice to other plaintiffs and by hearing only plaintiff no.2 who was only caveat - Said errors are compounded by fact that a sum of Rs.50,000 cost..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW3 for cross-examination - Cross examination of material witness/PW3 was closed by trial Court without providing any further opportunity to petitioner - Right of cross-examination is a valuable right in order to prove petitioner's innocence, therefore, it will be just and appropriate to grant one opportunity to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of Cheque - Trial Court acquitted accused after closure of examination-in-chief of complainant two opportunities were given and complainant has not tendered himself for cross-examination - Complaint remanded back with giving one more opportunity with cost of Rs.5,000/-..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint allowed subject to payment of cost - Cost accepted - Once there is acceptance of cost, the same order cannot be challenged in appeal on different grounds...........
