Insolvency and Bankruptcy Code, 2016, Section 7 -- Amendment of pleadings - There is no bar to amendment of pleadings in an application u/s 7 of the Act or to filing of additional documents, apart from those initially filed along with application u/s 7 of IBC in Form-1...........
Suits and execution proceedings -- All Courts dealing with suits and execution proceedings shall mandatorily follow directions viz: (i) In suits relating to delivery of possession, Court must examine parties to suit U.O.10 CPC in relation to third party interest and further exercise the power U.O.11.R.14 CPC asking parties to disclose and produce documents, upon oath,..........
Criminal Procedure Code, 1973, Section 73 -- Non-bailable warrant of arrest - Straightway issuance of non-bailable warrant of arrest by Magistrate for securing attendance of accused who stood enlarged on personal bond by police station, particularly, in absence of any evidence/documents on record to show that he was informed about filing of charge sheet or he absconded and..........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Replication - Filing of documents alongwith replication - There is no complete bar on production of documents alongwith replication at a later stage - Requirement is one of seeking leave of Court - Procedures are handmade of justice and cannot be used to deny the same...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 663 days in filing special leave petition by Govt. - Inordinate delay stated to be "due to unavailability of documents and the process of arranging the documents" - When there is inordinate delay then Govt. or State authorities must pay for wastage of judicial time which has its own value - Such costs can..........
Evidence Act, 1872, Section 64 -- Contents of a document - Mere filing or exhibiting a document in Court doe snot amount to proving its contents - Admission of documents in Court may amount to admission of its contents, but not the veracity of those - Only documents produced and exhibited in the course of evidence alone could be relied on - Documentary evidence must be..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - Leave of Court - Suit migrated to commercial Court - Filing of written statements as well as disclosure and discovery were all completed before suit migrated to a commercial suit, defendant would be governed by un-amended provisions of CPC i.e O.8.R.1-A(3) CPC and defendant has only to obtain..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - No reference about proposed documents either in pleadings or in evidence - Ground on which petitioner are prevented from filing those documents at earliest point of time not explained - Production of documents at a later stage that too when case reached the stage of arguments cannot be..........
Civil Procedure Code, 1908, Order 12, Rule 2 -- Admission or denial of documents - Service law dispute - Registry is directed not to list any fresh RSA for hearing the subject matter of which is a service law dispute without the filing with record - At the commencement of the proceedings and before the issues are framed Trial Court should insist upon the parties to first..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(c), Indian Penal Code, 1860, Section 468, 471, 420, 409 -- Sanction for prosecution - Offence u/ss 13(1)(c) of P.C. Act and Ss.468, 471, 420, 409 IPC - Misappropriation caused by petitioner was not while discharging his official duty, but loss was caused to Government..........
