Civil Procedure Code, 1908, Order 13 -- Production of documents after framing of issues - Documents can be produced in the cross examination of the witnesses of the other party - Rule does not contemplate that such document can be produced for the cross examination of the party...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue as to whether unregistered document was admissible in evidence and whether it was partition or mere memorandum of partition, require evidence for its decision and cannot be decided as preliminary issue...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Charge-sheet indicates that false/forged/fictitious documents were submitted by applicant to obtain passport - Applicant was required to furnish original document which he had failed to do so till date - Investigation reveals that university authorities have contended that no such certificates as relied..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff has set up their case seeking possession of suit premises from the tenant as also for recovery of damages, mesne profits etc. - Plea regarding agreement being non registered cannot be the ground for rejection of plaint outrightly - Effect of non registration of the documents could only be..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Mandatory condition precedent to order production of document is that it must be relevant and relate to the lis in the suit...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Incorporation by Reference - Where document is sued upon and its terms are not set out in plaint but referred to in plaint, said document gets incorporated by reference in plaint...........
Civil Procedure Code, 1908, Section 20, Indian Contract Act, 1872, Section 4(2), (3) -- Suit for recovery - Territorial jurisdiction - Tender for construction of building was called for by defendant-Society from its office situated at "S" - It is also seen that tender for accepting the contract was submitted within territorial jurisdiction of said Court - Contract was also..........
Civil Procedure Code, 1908, Order 11, Rule 12 -- Discovery of documents - Power of Court - Exercise of - Held, power of court to direct other party to produce document at any time during pendency of suit cannot be questioned - But, before giving such direction, Court has to be satisfied that the document in question is relevant for proper adjudication of the matter..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection - Cannot be raised at the subsequent stage if objection as to admissibility of document is not raised at the initial stage...........
Criminal Procedure Code, 1973, Section 239, 240, 173 -- Discharge - Application rejected - Magistrate not considered any document or material forwarded by police nor referred to contentions raised nor applied his mind - Discharge can be even before commencement, this factor overlooked by Magistrate - Order suffers from vice of no, application of mind - Order quashed...........
