Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Advocate commissioner can be appointed in a suit for injunction to note down physical features, localize or demarcate property - This action is permitted to help Court understand the local situation and is not considered a collection of evidence - Such appointments are discretionary..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Petitioner wants to prove existence of a structure in plaint by appointment of an advocate commissioner, which can never be said to be either gathering of evidence or to note down his possession and enjoyment of property - Application allowed...........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Medical evidence - Post mortem report and statement of Doctor who conducted post mortem clinchingly prove that deceased suffered multiple gunshot wounds - About 40 pellets were recovered from body of deceased - All injuries were caused by firearms and were sufficient to cause death - Simply for..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Evidence proves that main accused fired at deceased at bus stand, which hit his elbow and that deceased suffered multiple gunshot wounds - Thus, involvement of not only main accused but also other accused who were carrying firearms is duly established - Mere fact that independent witness did not..........
Agreement to sell -- Specific performance - Conduct of parties is significant in a suit for specific performance, as it assists Court in evaluating evidence to find out bona fides of parties at the time of execution of agreement...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Application filed by defendant at the very initial stage - Application has to be filed at the time of leading evidence - Order allowing application set aside - Report of Local Commissioner discarded...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Provision of O.41.R.27 CPC does not apply to filing documents before appellate Court while challenging validity of an order of temporary injunction...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has failed to produce any evidence to rebut presumption of proper service - He failed to discharge initial burden - There was thus, no obligation on plaintiffs to produce process server as a witness - Suit remained pending from 2008 till 2022, when ex-parte decree was passed -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where appellate Court permits additional evidence to be adduced, O.41.R.27 CPC casts a mandatory obligation upon Court to record reasons for such admission...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Provision has no application where appellate Court is in a position to render a satisfactory and reasoned judgment on basis of evidence already available on record...........
