Criminal Procedure Code, 1973, Section 91 -- Production of documents - Statement of two witnesses and documents not forming part of charge sheet - Order of trial Court that prosecution is well within its right to produce only those statements on which it is relying and moreover accused can very well examine those witnesses as defence witnesses and can also produce further..........
Will -- Revocation - Non production of original - Merely because no original Will is filed on record would not mean that original Will was not executed and attested inasmuch as, once a Will is proved to be executed and attested, the destroying of the same in any manner should be proved to be a deliberate act of the executant for revoking the Will...........
Constitution of India, 1950, Article 226, 227 -- Special Civil Application (SCA) - Maintainability - Order passed by Tribunal - Tribunal not made party to proceedings - Tribunal is not required to defend its orders when they are challenged before High Court in a SCA u/arts 226, 227 of Constitution, as Tribunal is not a necessary party - Even if High Court was to require..........
Criminal Procedure Code, 1973, Section 311 -- Examination of witnesses - Cannot be refused on the ground that such witness was not examined during investigation or his name is not included in the list of witnesses when production of such evidence is essential for just decision of the case...........
Will -- Proof - Neither original Will nor copy thereof produced in evidence by defendants - Mere production of mutation sanctioned on the basis of Will is no ground to establish legal and valid execution of Will - Defendants summoned the record of mutation proceedings - But Will and affidavits were not available in that record and were stated to be missing - Will held, not..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Examination of Ahlmad of Court along with record of criminal case wherein original Will and sale deed are stated to be attached - Production of said additional evidence would certainly not cause any prejudice to defendants - Moreover, defendants would also have an opportunity to lead evidence in rebuttal to..........
Civil Procedure Code, 1908, Order 11, Rule 21, Civil Procedure Code, 1908, Order 11, Rule 14, Evidence Act, 1872, Section 114 -- Striking out defence - On ground of no, compliance with order for discovery of documents - Suit for eviction - Held, for no, production of document or withholding material evidence, at the most an adverse inference can be drawn as per S.114,..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Such documents not mentioned in plaint as it came to knowledge subsequently - Such contention denied - No evidence on this issue - Since a specific averment on oath is made by petitioner as such it is appropriate to accept said plea - Moreover, there is nothing to show as to how prejudice is being..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 4 kgs of charas - Search and seizure - Non-production of seal in Court not fatal to prosecution case since accused has failed to satisfy Court what prejudice has been caused to him by no, production of seal - Moreover, case property remained intact from its seizure till its production in Court...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 15 kg charas - Non-production of official log book of vehicle - Not a ground to acquit accused, as it is not necessary for police to prove the log book - Accused could also get the same produced by moving appropriate application before Court...........
