Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Not believable that documents were not in the knowledge of petitioner for which not even a reference was made in the written statement - Case at the stage of defendant's evidence - Application rightly rejected...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Arrears of rent - Any dispute qua provisional rent - Can be raised only subsequently as assessment is clearly provisional made before commencement of evidence - No excuse is available to tenant at that stage for not depositing the rent - Failure to deposit same will invite eviction order...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 341, 452, 506 -- Bail - Rape - Nothing suggestive from FIR of any act of rape committed by petitioner and there are only general and vague insinuation bereft if any details - Even, photographs on record are suggestive of a consensual relationship - More so, there is nothing corroborative..........
Evidence Act, 1872, Section 58 -- Admitted fact - Not required to be proved...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- De-exhibiting a document - Insufficiently stamped document - Once a document is admitted in evidence despite suffering on account of deficiency in relation to Stamp Act, it cannot be recalled to its original status - Application rejected...........
Civil Procedure Code, 1908, Order 13, Rule 4, Registration Act, 1908, Section 17(1)(b) -- Document admitted in evidence - Question as to its registration can be raised at any stage including in appeal or revision...........
Civil Procedure Code, 1908, Order 13, Rule 4, Registration Act, 1908, Section 17(1)(b) -- Document admitted in evidence - Question as to its registration - Objection can be considered at any stage by Court - However, with reference to such objection nature of recitals in document must necessarily be considered - It is thus, desirable that same be considered at the stage of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Recovery of intoxicant capsules and tablets - Search and seizure - Accused `S' was not apprehended at the spot nor he was arrested during investigation - PW3/inspector stated that he has seen accused `S' in Court during trial and before that he never seen him - No confessional statement was got..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Plea of accused that statutory notice was not served on him and that complainant had no ability to advance amount - Plea held not tenable as on basis of statutory presumption available to notice sent by registered post in correct address and also on basis of evidence of PW2, trial Court..........
Indian Penal Code, 1860, Section 498A -- Cruelty - There was dispute between deceased and accused prior to occurrence, as Rs.50,000 was demanded by accused from parents of deceased - Deceased was harassed for such dowry demand - Evidence of father of deceased proved said fact which was corroborated by evidence of PW13 - Charge u/s 498-A IPC held, proved against accused -..........
