Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 364A -- Production of documents by defence - Case for kidnapping for ransom - Actual source of money for payment of ransom is not relevant matter hence production of document in that regard is not necessary - Regarding other documents, production of the same is not at all necessary for just..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Mere no, production of alamat is not fatal when seizure list is there and signature of accused is not challenged as it is duty of Court to take effective steps to produce alamat because it is in custody of Court and not in custody of prosecution...........
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..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- O.11.R.14 CPC cannot be brushed aside on any other ground except where case falls under exception of privilege category in terms of Ss.122, 123, 124 of Evidence Act - Even otherwise said provision is confined to production of documents which relate to any fact in issue or relevant fact...........
Indian Penal Code, 1860, Section 302, 392 -- Murder and robbery - Accused pleaded that no, production of articles found in purse would make recovery under seizure mahazar suspicious - Details with respect to photo, diary and other papers found in purse were mentioned in mahazar - Non-production of those articles, which are insignificant, would not make prosecution case..........
Civil Procedure Code, 1908, Order 7, Rule 17 -- Production of document - Plaintiff failed to fulfill the requirement of provisions of O.7.R.17 CPC - Production of original document is an essential compliance for succeeding in a suit for recovery - Having failed to produce the same, plaintiff not able to discharge the onus u/s 101 of Evidence Act - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 9, Civil Procedure Code, 1908, Order 17 -- Dismissal of suit for non production of plaintiff when suit was at the stage of plaintiff's evidence - Evidence of plaint as well as defendant closed and suit dismissed on the same day despite the fact that burden to prove issues No.1 to 5 was on the defendants - Even without hearing counsel for..........
Arbitration and Conciliation Act, 1996, Section 8(2), (14) -- Reference of dispute to arbitration - Arbitration clause - Application not accompanied with document containing arbitration clause - Once execution of document is admitted and it contains arbitration clause as set out in clause 14, production of original or certified copy of said reconstitution deed is wholly..........
Evidence Act, 1872, Section 65B -- Late production of certificate u/s 65-B - Plaintiff is entitled to file certificate u/s 65-B of Evidence Act, even subsequent to filing of electronic record in Court only if a case is made out for late filing of documents beyond the prescribed period - In the absence of reasons for late production, the electronic record filed at the..........
Criminal Procedure Code, 1973, Section 233(3) -- Summoning of defence witness, production of document or thing - Cannot be rejected by Court as unnecessary - Discretion of Court to reject such an application is only on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice - Subject to those restrictions, accused is having..........
