Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence in question came on record during course of evidence led by defendant - There was no occasion for plaintiff to have led evidence in affirmative in the absence of any pleadings in written statement - Once said evidence was produced by defendant, plaintiff was well within his rights to lead additional..........
Civil Procedure Code, 1908, Order 41, Rule 25, 27 -- Additional evidence at appellate stage - Application filed U.O.41.Rr.25, 27 CPC is required to be decided along with main appeal and appropriate orders be passed on the said application, after hearing both the parties...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 1 -- Right to begin - Eviction suit - When basic ground of eviction sought for is default in payment of rent, it would always be plaintiff/landlord who should lead evidence first - Denial on the part of defendant is strictly a defence that they have taken and to prove the same it is not required for defendants to lead..........
Hindu Marriage Act, 1955, Section 12 -- Annulment of marriage - Wife suffering from Schizophrenia - Husband alleged that wife was suffering from a serious mental illness namely Schizophrenia, even prior to marriage and that same was knowingly concealed by wife and her family members - However, no certificate of diagnosis or any clinical record produced on record that can..........
Agreement to sell -- Specific performance - Agreement to sell though denied by defendant, but Courts below have recorded finding on the basis of evidence on record that there was valid execution of agreement - Suit was filed within limitation - Finding of continuous readiness and willingness is also in favour of plaintiff - Suit rightly decreed in favour of plaintiff...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Non-compliance of S.50 NDPS - An illicit article seized from the accused during a search, which violates the mandate of S.50 NDPS cannot be used as admissible evidence of unlawful possession under the NDPS Act - However other material recovered during such a recovery may be used as relevant..........
Indian Penal Code, 1860, Section 363, 376(2)(f), 377, Evidence Act, 1872, Section 106 -- Kidnapping and Rape - Last seen evidence - Prosecutrix, aged 3 years, recovered from railway station `M' nearly 4 days after last seen with accused - However, prosecution neither examined any witness who had seen prosecutrix in company of accused at station `M' nor provided explanation..........
Indian Penal Code, 1860, Section 376(2)(f), 377, Evidence Act, 1872, Section 106 -- Rape - Last seen evidence - Failure of accused to provide plausible explanation regarding intervening raises strong suspicion, but in absence of evidence connecting accused with commission of offence u/Ss. 376(2), 377 IPC renders his conviction u/Ss. 376(2)(f), 377 IPC unsustainable in eyes..........
Evidence Act, 1872, Section 101, 106 -- Burden of proof - Where an offence is committed in secrecy or under circumstances in which, except for accused, no other person know what transpired, in those cases, accused bears burden u/s 106 of the Act to disclose the circumstances which are especially within his knowledge...........
Evidence Act, 1872, Section 106 -- Last seen evidence - Failure of accused to offer plausible explanation can be viewed as an additional link in chain of circumstances, thereby raising presumption of guilt against accused - However, such presumption, would arise only when prosecution succeeds in establishing each link in chain of circumstances to prove charge against..........
