Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - O.7.R.14(3) CPC places a procedural embargo on reception in evidence of documents which were required to be produced or listed at the time of presentation of plaint but were not so produced - However, provision itself confers discretion upon Court to grant leave for production of documents at..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Where Court is satisfied about bona fides of a party and adequate opportunity is afforded to opposite side, production of documents at a later stage does not vitiate the proceedings...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Late production of documents - Where interests of justice so demand and where adequate opportunity is afforded to opposite party to meet the case set up by additional documents, Court is well within its jurisdiction to permit their production subject to appropriate safeguards, for procedural law is meant to be..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Only when reasons/grounds for transfer are mentioned and their veracity is considered, Court can arrive at conclusion about need for transfer...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - S.24 CPC confers a wide and discretionary jurisdiction upon High Court and District Court to transfer or withdraw any suit, appeal or other proceeding at any stage either on application of any of parties or even suo motu...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Consensual transfer - When transfer is sought and is not opposed and Court finds no legal impediment, such transfer would clearly sub-serve ends of justice - Requirement of recording reasons is sufficiently met by noting consent of parties coupled with Court's satisfaction regarding propriety of transfer...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Husband does not wish to oppose transfer application - Nothing in provision S.24 CPC prohibits Court from ordering transfer where both parties agree or where opposite party raises no objection - Application allowed with directions...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Money decree - Stay of execution of money decree cannot be granted by an appellate Court without deposit of decretal amount or furnishing security unless exceptional circumstances are made out...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Court while deciding an application U.O.39.Rr.1, 2 CPC, may take into account revenue records and or material of criminal proceedings only for limited purpose of forming a prima facie view, without allowing such material to influence or prejudge final adjudication of civil rights, which must await a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - While deciding application U.O.39.Rr.1, 2 CPC, Civil Court can very well place reliance upon affidavit so also material placed before it which may also include documents pertaining to criminal investigation/case or documents pertaining to revenue records or orders passed by revenue Courts regarding..........
