Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought when suit was fixed for rebuttal evidence - Plaintiffs after availing more than 40 effective hearings to lead evidence and having failed to bring on record evidence to support their claim and when suit was fixed for rebuttal evidence and arguments had audacity to move application for additional..........
Evidence Act, 1872, Section 91, 92 -- Exclusion of oral evidence - Relinquishment deed - Defendant given up his rights in suit property in favour of his father/plaintiff - Alleged oral assurance which father is stated to have given in favour of both of his sons, would not hold any value in the face of a registered relinquishment deed and is contrary to written text of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Issue should have been framed by trial Court as to whether defendant was served and/or had knowledge of pendency of suit and thereafter an opportunity should have been given to defendant to lead evidence - Since said procedure is not followed, trial Court has erred in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Plea of false implication - 10 kg charas recovered from possession of accused and market value of same is 1 crore - Hence, it cannot be presumed that police planted charas worth Rs.1 crore falsely - As regarding contention of accused that police demanded..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Report of FSL is a public document and admissible in evidence - There is no requirement to call Director of that Laboratory to get report proved - Report on record shows that sample sent to it was found to be charas - Remaining recovered charas was produced..........
Criminal Procedure Code, 1973, Section 293 -- Report of FSL is a public document and is admissible in evidence - There is no requirement to call Director of laboratory to get report proved...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376(2)(N) -- Bail - Rape of minor daughter by her own father - Medical examination report of victim shows that she was subjected to sexual intercourse - Accused was capable to perform sexual intercourse as per his medical report - Incarceration of accused is necessary in the interest of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing - If a petition u/s 482 Cr.P.C. is filed after charge sheet is filed - Court is required to consider the material/evidence collected during investigation - Even at this stage, High Court is not required to go into merits of allegations and/or enter into merits of the case as if High Court is exercising appellate..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Appreciation of evidence is not permissible at the stage of quashing of proceedings in exercise of powers u/s 482 Cr.P.C...........
Transfer of Property Act, 1882, Section 63(c) -- Redemption of mortgage - Improvements made by mortgagee - Liability of mortgagor to pay for improvements - In the absence of any positive evidence of any improvement and cost incurred, defendants are not entitled to recover anything more than the mortgage amount...........
