Civil Procedure Code, 1908, Section 151 -- Additional evidence - Application filed by defendant after closing of his evidence in affirmative and when matter was fixed for rebuttal evidence and arguments - Documents now sought to be produced by defendant pertain to years 2001 and 2011 - Defendants were in knowledge of said documents, however, have chosen not to produce the..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of commissioner - Merely on the basis of assertions made by petitioner in his application filed U.O.39.R.7 CPC, wherein he has claimed to have possession over subject land, trial Court cannot appoint a Commissioner so as to serve his cause...........
Criminal Procedure Code, 1973, Section 319 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.358) - Summoning of additional accused - Improvements made while deposing before trial Court cannot form the basis for exercising extraordinary power u/s 319 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25, 29, 61, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Custody period undergone by accused is 1 year and 23 days - Quantity of alleged contraband is marginally over and above commercial quantity - Co-accused has already been granted concession of bail - Petitioner is not a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Arms Act, 1959, Section 25, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Petitioner is behind bars for last 1 year 2 months and 5 days - Investigation is complete - Final report u/s 173 Cr.P.C was presented before Court concerned - Charges were framed and trial of case has not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of ownership - Amendment sought to incorporate alternative relief of possession - Plaintiff was never in possession of suit property as per findings of trial Court - He had claimed ownership on basis of sale deed executed by one `S' - However, ownership of said `S' over suit property..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed had to be filed within 3 years of execution of document - Contention of plaintiffs that they came to know regarding sale deed dated 25.10.1985 on 17.9.2015 not tenable as sale deed was executed by co-tenants who were brother and relatives of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 200 grams of opium milk - Reduction of sentence - Appellant has been suffering agony of trial for last more than 19 years - He has already undergone custody of 2 months and 16 days out of total sentence of 2 years - Since there is no minimum punishment prescribed u/s 18 of the Act, it would be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Trial Courts are endowed with large discretionary jurisdiction in considering amendment of pleadings in written statement which would even permit adding a new ground of defence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Original written statement itself disputed the title of plaintiff over suit property - Specific averment in written statement that plaintiff ought to have asked for a declaration cannot be said to be something that amounted to new defence or debarring plaintiff from the advantage of relying on..........
