Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of site plan - Original document in the office of SDM is missing and photocopy of same is available - Document in question i.e photocopy of original can be permitted to be admitted as secondary evidence as it fulfills the conditions as prescribed u/s 65(c) of the Act - No prejudice is caused to accused, as he..........
Negotiable Instruments Act, 1881, Section 138, 141, Insolvency and Bankruptcy Code, 2016, Section 31, 32 -- Dishonour of cheque - Offence by Company - Proceedings under Insolvency Code - (a) After passing of the resolution plan u/s 31 of the IBC by the adjudicating authority & in the light of the provisions of S.32A of the IBC, the criminal proceedings u/s 138 of the NI..........
Civil Procedure Code, 1908, Section 11, Order 26, Rule 9 -- Appointment of second Commissioner - Res judicata - Where Court Commissioner fails to present before Court correct picture prevailing at the site, trial Court itself is empowered to appoint another Court commissioner and there is no question of attracting principle of res judicata...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant by way of amendment wished to explain pleadings by giving a description of revenue khasra numbers as well as consolidation scheme by submitting a site plan of existing construction raised by both the parties - Amendment sought would assist Court in arriving at a just decision -..........
Criminal Procedure Code, 1973, Section 482, Drugs and Cosmetics Act, 1940, Section 18(c), Drugs and Cosmetics Rules, 1945, Rule 65(5)(1)(b) -- Quashing of a criminal complaint - Impugned substance is solely used for drug manufacture, even then, the Appellants would not be liable under the Drugs and Cosmetics Act, 1940 since the Appellants already have the necessary..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Apartment complex - Encroachment or alteration - Plea of defendant that plaintiff himself has produced photos of the actual site and that there was no necessity for appointment of Commissioner - Task of an Advocate Commissioner would throw more light into the actual facts on the spot and..........
Evidence Act, 1872, Section 114(g) -- Adverse inference - Can be drawn only if there is withholding of evidence and not merely on account of failure to record the statement of persons whose houses are shown in the site plan...........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12 -- Production of documents - Plaintiff by way of application sought production of title record along with site plan so as to facilitate him in identification of property in question, which were in possession of defendants - However, plaintiff has not placed anything on record to show that title documents are in..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory and prohibitory injunction - Concurrent findings of Courts below that obstruction over suit property as alleged by plaintiff has already been removed by defendant pursuant to order of Tehsildar - As regarding claim of plaintiff regarding right to use the way in question, both the Courts below..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff claimed his absolute ownership on basis of patta issued in his favour - However, patta do not support the plaintiff's case as pleaded in the plaint and cannot be taken as an absolute document of title, particularly when said patta is neither registered document nor..........
