Civil Procedure Code, 1908, Section 151, Order 13, Rule 1, 3, 4, 6 -- Production and exhibition of documents - Objection by plaintiff - Mere exhibition of document is only for purpose of identification of document and does not dispense with its formal proof, unless same is formally proved - Moreover, plaintiff has an occasion to raise objection qua admissibility and mode..........
Civil Procedure Code, 1908, Order 8, Rule 1A, Civil Procedure Code, 1908, Order 13, Rule 1(3)(a), Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents by defendant to confront plaintiff during plaintiff's cross-examination - Not permissible - Defendants had to follow mandate as contained in O.8.R.1 CPC, which it had to otherwise rely upon in a list of..........
Copyright Act, 1957, Section 13(1)(a), 13(1)(c), Civil Procedure Code, 1908, Order 39, Rule 1 -- Film song - Temporary Injunction - Sale of rights of sound recording for purpose of making and selling gramophone records also right to utilise sound tract for purpose of re-recording and subsequent manufacture, issue and sale of gramophone - Held, can at most be termed as..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Ex parte decree - Setting aside - Dismissal of application in default - Appeal against said order, is maintainable...........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Production of documents - Documents sought not referred in the written statement - Application filed by defendant was bereft of any reason much less cogent reasons, explaining the delay and necessity of such documents, sought to be placed on record - Application rightly rejected...........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Documents - O.13.R.1 CPC requires that original documents are to be produced at or before settlement of such issues and directs the parties to produce all original documents and the Court to receive them...........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 1, Hindu Marriage Act, 1955, Section 13 -- Preliminary issue - Res judicata - Divorce petition on ground of cruelty and desertion dismissed on merits - After four years petition for divorce on same grounds filed - To decide issue of res judicata Court is obliged to appraise pleadings and then find out whether any fresh..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 1 -- Application of defendant for production of documents by way of additional evidence dismissed by trial Court - Defendant seeking production of certified copy of jamabandi on record - Said documents being certified copies exhibited in earlier suit is per se admissible in evidence - Moreover, such documents can be..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 1 -- Production of documents - After closure of evidence by both the sides - No good cause shown to the satisfaction of Court for not filing documents on or before the statement of issues - Ignorance of plaintiff would not provide sufficient excuse for delay in making application, as S.151 CPC cannot be used for..........
Civil Procedure Code, 1908, Order 26, Rule 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, 12, 13, 14, 15 -- Local Commissioner - Second commission - Setting aside of an earlier report - Law as to Commissions summarized viz. (i) There is no provision for setting aside the deposition recorded by the Commissioner or the report submitted thereof U.o.26.Rr.1 to 8 CPC which are dealing..........
