Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - An application u/s 11 of Act is expected to contain pleading about existence of a dispute and applicant is not expected to justify the claim or plead extensively in regard to limitation or production of document to demonstrate that claim is within time and that issue should normally be left..........
Evidence Act, 1872, Section 65 -- Secondary evidence - It is necessary for Court before allowing secondary evidence to form an opinion and be satisfied about existence of conditions u/s 65 of the Act under which such production can be allowed - In the instant case trial Court did not advert to the requirement of S.65 of the Act and did not consider the contentions raised..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Execution - Auction sale - Delivery of possession - Limitation - One year period starts to run from the date on which sale becomes absolute, notwithstanding the non issuance of sale certificate or pendency of a claim petition U.O.21.R.58 CPC - Grant or production of sale certificate is not..........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 13, Rule 1, Civil Procedure Code, 1908, Section 151 -- Production of documents - Delay - Sufficient reasons indicated as to why such documents were not filed earlier - Trial has not yet begun and issues have not yet been settled - Documents sought to be produced are relevant for proper..........
Central Excise Act, 1944, Section 3(1) -- Payment of excise duty - Imposition of penalty by Commissioner of Central excise who seized the nylon covered yarn - Expression `Allowed to be sold in India' used in proviso to S.3(1) of the Act would be applicable only to sales made in Domestic Tariff Area of the production by 100% EOUs, which are allowed to be sold into India as..........
Evidence Act, 1872, Section 65B, 137, Criminal Procedure Code, 1973, Section 231 -- Electronic record - Cross examination - Production of memory card and CD to contradict one of the witness in cross examination with regard to their earlier statement by defence - Shall be taken on record with direction to produce them at time of taking defence evidence - Therefore, Court..........
Evidence Act, 1872, Section 65 -- Secondary evidence - To seek secondary evidence it must be taken a ground that document is missing or lost or in the custody of adversary or any other ground so that other party conducts cross examination in effective manner so as to establish that no such circumstance exists for production of secondary evidence - Moreover, proof of..........
Advocates Act, 1961, Section 24, 28 -- Enrollment with Bar Council - In spite of notice from the Bar Council, candidate did not produce any valid documents to show that he was physically attended the classes especially when he was employed at certain place, after availing leave on loss of pay and such leave was sanctioned to him - Thus, in the absence of production of..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Production of documents - Suit for specific performance - Permission sought to produce on record copy of drawing of proposed house and average value thereof and to adduce additional evidence in support thereof - Failure to satisfy Court as to - (i) How site plan of the building and value thereof were necessary for..........
Indian Penal Code, 1860, Section 302, 323, 325, 149 -- Murder - Unlawful assembly - Common object - Non-production of subscriber of FIR - Merely because complainant at whose instance report was written by subscriber, has disowned some of facts mentioned in report during trial, it cannot be inferred that those facts were averred in the report by subscriber at his own, as..........
