Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Law as to : (i) it is mandatory for a party to the proceedings to enclose all the documents in his possession along with the plaint and further, (a) mention in the list of documents, which he seeks to rely on, (b) with further explanation that if a particular document mentioned in the list is not..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Matter at the stage of arguments - Plaintiff is a party to proceedings which is sought to be produced on record - No explanation given for not bringing on record said document - Even if said document is required to be brought on record, there is no possibility for considering said document as..........
Criminal Procedure Code, 1973, Section 311, 173(5) -- Summoning of witnesses along with relevant record - Murder case - Witnesses sought to be summoned along with documents in connection with second post mortem of deceased - Although application was filed by Public Prosecutor but it was open for Trial Judge as well to exercise suo moto powers in summoning witnesses, whose..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Court to decide application by considering and clarifying, may be briefly, as to how the stated documents are relevant and in what context after analysing relevant pleadings including evidence already brought before Court, in the form of affidavit of evidence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Admittedly, accused has not taken any appropriate steps to secure back his blank cheque alleged to have been given by him to complainant at time of loan transaction - Had he really issued a blank cheque as a security in previous loan transaction, accused should have necessarily taken appropriate steps..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 40% disability - Compensation - Future earnings - Appellant was getting a salary of Rs.37,500 as per documents of employment and bank statement - 50% of that amount would have to be taken into account which is 18,750 pm and multiplied by 12 for whole year - Loss of earning power after applying multiplier 16..........
Power of attorney -- Execution and registration of Power of Attorney in favour of wife by petitioner while in jail/custody - Petitioner is in bare need of money to meet up expenses for preparing his defence and also to maintain his family members involving treatment of his wife - However, it is obligatory upon petitioner to establish that properties proposed to be sold..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Simple withdrawal of suit alongwith a prayer to return documents submitted before Court - Rightly allowed by Court below, as there is no embargo to allow such prayer...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to bring on record certain documents claiming that same are relevant for adjudication of suit - However, proposed amendment would introduce a new fact in the pleadings which was in no way concerned with real question in controversy and adding the same in the pleadings would cause..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 149, 120B -- Quashing of FIR - Cheating - Prima facie from documents available on record and from perusal of FIR, petitioners have committed alleged crime - Therefore, at this preliminary stage, it cannot be said that FIR is liable to be quashed - Petition for quashing dismissed...........
