Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 11, Rule 12, 13, 14, 15 -- Rejection of plaint - Defendant cannot ordinarily insist upon production of documents as a pre-condition to Court's power to consider an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 11, Rule 12, 13, 14, 15 -- Application for rejection of plaint and production of documents - Court is entitled to proceed with O.7.R.11 CPC application without compelling production of additional documents at that stage - If, on conclusion of hearing application U.O.7.R.11 CPC, suit survives,..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 11, Rule 12, 13, 14, 15 -- Application U.O.7.R.11 CPC and application U.O.11.Rr.12 to 15 CPC - If an application for production is plainly collateral to or inconsistent with limited inquiry U.O.7.R.11 CPC or if it serves only to delay the hearing of a threshold legal objection, Court may..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Only averments taken in plaint should be seen and can be considered for desired purpose - Plea taken by defendant or documents submitted by him are not required to be considered...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Production of documents - Case fixed for arguments - Documents in question are statement of account being maintained by public bank in usual course of its business - Documents are necessary in order to prove transactions between parties for showing existing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Defective investigation -Documents prepared on the spot were having FIR number with same pen and ink which shows that FIR was lodged first and thereafter, investigation was conducted - Hence, investigation appears to be tainted - Acquittal upheld...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Where documents are relevant to the adjudication of lis, same should be allowed to be produced by way of an application U.O.7.R.14 CPC and delay in production of same can be compensated by imposing adequate cost...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Documents in question appears to be relevant for adjudication of lis - Explanation furnished by petitioner for delay that applicant was suffering from cancer and due to said ailment could not provide documents to his lawyer at appropriate stage constitutes sufficient cause u/s 5 of Limitation Act -..........
Bharatiya Nyaya Sanhita, 2023, Section 310(2) -- Dacoity - Primary motive of accused persons was to retrieve specific institutional files/information and not to seek any wrongful gain - This, coupled with subsequent return of all property, a fact affirmed by complainant in his voluntary affidavit submitted before High Court as well as before Supreme Court, convinces that..........
Service -- Dismissal - Respondent being a Gramin Dak Sevak/Branch Post Master misappropriated public funds - Passbooks of account holders were stamped with receipt of amount with no corresponding entries in books of accounts maintained in post office - Documents on record clearly established factum of embezzlement - Mere deposit of embezzled amount will not absolve an..........
