Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Allowing application U.O.41.R.27 CPC does not lead to result that additional documents/additional evidence can be straightway exhibited rather applicant not only have to prove the existence, authenticity and genuineness of said documents but also the contents thereof, in accordance..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendants from releasing film - Injunction action can be initiated even after a certificate is issued under Cinematograph Act, as film which is defamatory or indecent or breaches copyright cannot be allowed to be exhibited only because a certificate has been issued...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced by plaintiff were already on record but could not be exhibited due to inadvertence and by oversight - Plaintiff cannot claim that those documents were not within her knowledge - Rather, it appears that same could not be filed due to latches on her part..........
Service -- Departmental enquiry - Case diary - Not allowed to be exhibited on ground of lack of its proof as required under provisions of Evidence Act - Strict rules of evidence not applicable to a departmental enquiry - No prejudice is to be caused to anyone if case diary is placed on record - Case diary shall be exhibited as a document in departmental enquiry...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Copy of sale deed duly attested by Notary Public exhibited subject to objection with regard to mode of proof and admissibility - Plaintiff by way of additional evidence sought to place on record original sale deed and to exhibit it to just to remove the technical objection - Order allowing application calls..........
Evidence Act, 1872, Section 45 -- Expert opinion - Silver coin - Suit for infringement of trademark - Evidence of plaintiffs was closed - Plaintiffs filed the suit for infringement of their registered trademark by defendant - No useful purpose will be served on conducting expert examination of silver coin exhibited by PW6 to check the ingredients and quality of same - Even..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by accused without name of payee which complainant himself filled up and presented in bank for encashment - Cheque amount was payable in terms of a written contingent agreement copy of which is of course not exhibited, in the event of performance of function by artists through one..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Plea of accused that notice was served upon son of accused and not upon accused - Plea held, not tenable as notice was sent through two modes once through registered post and another through courier service and so far as registered post is concerned same was served upon accused for which..........
Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13 -- Eviction suit - Dismissal of suit - Arrears of rent - No material whatsoever was produced regarding relationship of landlord and tenant between the parties besides the fact that defendant was able to establish that preliminary facts alleged in plaint regarding letting out property in the year 1983..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Undated letter purportedly written by accused was sought to be exhibited by complainant - Objection was raised by accused and made a application that letter be sent to a handwriting expert - However, issue might become clearer after examination of..........
