Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Evidence Act, 1872, Section 114(g) -- Recovery of 800 gms charas - Search and seizure - Non-production of sample parcel sent for chemical examination in Court, is fatal to prosecution case for want of production of missing link between parcels produced in Court and chemical Examiner's report, particularly..........
Will -- Suspicious circumstance - Late production of Will by plaintiff after filing of written statement by defendant - It cannot be said that Will lacks credibility, particularly when it was proved on record that Will was pledged in Bank for securing a loan...........
Civil Procedure Code, 1908, Order 11, Rule 12, 14, Evidence Act, 1872, Section 65 -- Production of document - Dismissal of application U.O.11.Rr.12 & 14 CPC and allowing plaintiff to file photostat copy of sale agreement - Taking of document on record does not necessarily mean that document has become final as defendant can raise all objections regarding admissibility of..........
Indian Penal Code, 1860, Section 302 -- Murder - Corpus delicti not found - If it is established that a particular person was intentionally killed in absence of discovery or production of body of murdered person, a conviction can be sustained, as conviction for an offence of murder does not necessarily depend upon corpus delicti being found...........
Guardians and Wards Act, 1890, Section 12 -- Interim custody of minor - Ex parte order - It cannot be held that under no circumstances Court cannot pass an interlocutory order for the production of the ward or interim protection - Power to pass interlocutory orders ex parte being wide has to be exercised with great care, caution and circumspection...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Will - L.R's seeking production of Will U.O.8.R.1-A(3) CPC - Deceased defendant did not file Will at the time of filing written statement as Will gained significance only after death of their father - Will allowed to be taken on record...........
Civil Procedure Code, 1908, Order 16, Rule 1A -- Production of documents - Without satisfying the requirement of foundation in pleadings is impermissible and cannot be looked into - Application rightly rejected...........
Civil Procedure Code, 1908, Order 16, Rule 1A -- Summoning of witness or production of documents - Leave of Court is permissible only if document satisfies the requirement of foundation in pleadings and document is referred to in list of documents in plaint or written statement, but copy or original of such document is not filed along with plaint or written statement for..........
Evidence Act, 1872, Section 65B(2), (4) -- Compact Disc (CD) - Non-production of certificate u/s 65-B(2), (4) of the Act - Family Court while allowing application for production of CD in question put a specific condition that electronic document can be received in evidence only on furnishing certificate as provided u/s 65-B(2), (4) of the Act - No infirmity in the said..........
Criminal Procedure Code, 1973, Section 91 -- Production of documents - Income tax return called from complainant by way of present application - However, it was nowhere established that Income Tax return was ever filed - There is thus, no justification to issue such direction u/s 91 Cr.P.C. to produce Income Tax return - However, if accused wants to set up his defence by..........
