Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Documents sought are relevant with regard to dispute between parties except document No.1 - Said documents are in the name of person for whose properties suit for partition is being filed by plaintiffs - Documents except document No.1 are taken on record subject to payment of Rs.4000 as cost..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - U, registered rent note though sought to be led into evidence only for collateral purpose, still its admissibility for that limited purpose ought to have been considered and decided by trial Court, when objection was raised and same should not be deferred for a subsequent stage..........
Evidence Act, 1872, Section 25 -- Extra judicial confession - Not admissible being hit by S.5 of the Act, as same made before police...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Dead body of deceased found from well - Death resulting from asphyxia includes death due to hanging, strangulation, suffocation and drowning - Since drowning is stated to be after death and no contrary evidence suggesting any hypothesis is available, nature of death was homicidal - Eye witness PW3 turned hostile -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 323 -- Quashing of proceedings - Offence u/ss 498-A, 406, 323 - Court under exercise of inherent jurisdiction u/s 482 Cr.P.C is not expected to analyze factual evidence, which is a subject of trial Court - Since complaint discloses offence in question, application for quashing rejected...........
Criminal Procedure Code, 1973, Section 482 -- Exercise of inherent power u/s 482 Cr.P.C. - Factual evidence cannot be analyzed in exercise of inherent power u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504, 506 IPC - Quashing of summoning order - Summoning order was passed on basis of evidence obtained u/ss 200, 202 Cr.P.C - Previous institution of case against accused is an evidence of motive or cause either in execution of offence or in defence by either side - Same is a question of evidence and of..........
Criminal Procedure Code, 1973, Section 482 -- Exercise of inherent power u/s 482 Cr.P.C. - Factual evidence cannot be analyzed in exercise of inherent power u/s 482 Cr.P.C. because same is question of trial and of fact to be seen before trial Court...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Production of photographs - Petitioner only wants to put other party to cross-examination as to whether such photographs showing presence of prosecutrix were actually taken in her presence or not - Court below rejected the application on the ground that petitioner had not produced source from which photographs were..........
Civil Procedure Code, 1908, Order 18, Rule 3, Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Appointment at the stage of rebuttal evidence - Plaintiff cannot seek appointment of Local Commissioner to collect evidence at rebuttal stage after closing his evidence - Application for appointment of Local Commissioner rightly dismissed...........
