Civil Procedure Code, 1908, Section 30, Order 7, Rule 14(3) -- Production of documents - At the stage of examination-in-chief - Documents are relevant and indispensable for proving the case of plaintiff - Plaintiff had already produced photocopy of document at threshold, so defendants had due notice of the same - Merely because plaintiff did not file a formal application..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3, 3A -- Ex parte interim injunction - Granted without notice to other side and without recording any reason for doing so - Not proper, particularly, when application U.O.39.Rr.1, 2 CPC was not adjudicated within one month by ignoring legislative mandate incorporated in O.39.R.3-A CPC...........
Civil Procedure Code, 1908, Order 12, Rule 8 -- Notice U.O.12.R.8 CPC - Non-production of document inspite of notice - Adverse inference cannot be drawn against a party called upon to produce a document, unless it is proved that document in fact is in possession and custody of party concerned - Even otherwise, such inference is no more than presumptive evidence which by..........
Criminal Procedure Code, 1973, Section 39, 154 -- Rampant corruption - Registration of FIR - In the instant case, petitioner challenged vires of Haryana Vigilance Manual and despite series of representation and legal notice, no criminal case is registered by respondents against alleged culprits in rampant corruption - However, to achieve object and to set into motion..........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Submission of false and forged facts in Court - Accused admitted that he inadvertently made statement that Court has stayed further proceedings whereas no such order was passed - However, no such material has been brought to notice of Court that by making said statement, accused tried to delay proceedings - Neither..........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Grant of police aid - Implementation of ad-interim injunction order - Issuance of notice to opposite party - Advocate reported no instructions on behalf of his clients - If no instructions was without justifiable cause, party can proceed against advocate for loss he sustained..........
Civil Procedure Code, 1908, Section 80, Transfer of Property Act, 1882, Section 106 -- Composite notice u/s 80 CPC and S.106 T.P.Act - Permissible and valid - Purpose of notice u/s 106 of the T.P. Act is to determine the tenancy and to give information of the proposed legal action and purpose of notice u/s 80 CPC is to give the authorities sufficient information regarding..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Summoning of additional accused - Offence by company - Summoning of Chairman and Managing Director - Petitioner being chairman and Managing director of company was incharge and fully responsible for day to day business of said company - Since cheques were..........
Civil Procedure Code, 1908, Section 100 -- Second appeal -Suit property bequeathed by Will and not transferred for consideration - Show cause notice - Defendant issued a show cause notice on the ground that `P' had sold and transferred suit property to plaintiff - There is no transfer of suit property for consideration but by a Will deceased bequeathed suit property to her..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction order - Extension of time to vacate - Defendant/tenant not assailing the judgment on merits, as he only wanted six months time to vacate the suit premises - However, when the defendant does not want to pay mesne profits as per the impugned judgment passed on merits, accordingly, there is no scope for..........
