Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of document - Requirements for applying provision of O.11.R.14 CPC are two fold: (i) Order can be passed under said provision at any time during pendency of suit; (ii) production can be ordered by any party to suit upon oath of such documents in his possession or power i.e document ordered should be in possession..........
Indian Penal Code, 1860, Section 362, 366, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Prosecutrix prima facie minor at the time of incident - Consent of prosecutrix therefore, immaterial - Prosecutrix herself stated in her statement that she gave birth to a child from accused - No ground made for quashing FIR - Petition for quashing..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of time to file written statement, beyond prescribed period, can be granted by Court in exceptional circumstances and due to reasons beyond control of defendant - But extension is not automatic - Prayer for seeking extension to file written statement has to be made in writing...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within stipulated time - Extension of time - Reason for not filing written statement within prescribed time was that summoning of remaining defendants was still not complete - Held, this is hardly a reason to justify the non fling of written statement within stipulated time frame...........
Limitation Act, 1963, Section 2(k), Article 34 -- Promissory note - Where there is a specific promise to pay back the money, within a limited time as envisaged u/s 2(k) of the Act, a further clause adding additional burden of interest on defendant, in case of default, would not destroy or dilute or alter the nature and character of earlier promise made to repay the amount..........
Limitation Act, 1963, Section 2(k) -- Expression `a time therein limited' in S.2(k) - Means and includes a fixed period also and not a fixed day alone and last day on which period expires shall be deemed to be last day for repayment...........
Criminal Procedure Code, 1973, Section 394 -- Appeal against sentence of fine - Death of accused - Right to continue appeal by near relative - Though no time limit is fixed for filing an application by near relatives to come on record - However, S.394(2) Cr.P.C. provides for a period of 30 days for filing an application for leave to continue appeal - Period of filing an..........
Evidence Act, 1872, Section 27 -- Admissibility - Discovery of gold ornaments at instance of accused - Information given by accused must relate distinctly to fact discovered - Accused had pleaded ornaments to Bankers and stated that he would show place where ornaments were pledged - Accused took I.O. Bankers and Bankers identified ornaments pledged by accused - Accused was..........
Representation of the Peoples Act, 1951, Section 35 -- Notice - While giving notice of nominations and time and place for their scrutiny amongst others Returning Officer is required to affix in some conspicuous place in his office, notice of nomination containing descriptions similar to those contained in nomination paper, both of candidate and or propose...........
Representation of the Peoples Act, 1951, Section 30, 33 -- Scrutiny of nomination papers - Candidates their election agents, one proposer of each candidate and one other person duly authroised in writing by each candidate but no other person, are allowed to attend at such time and place as returning officer may appoint; and returning officer gives all of them reasonable..........
