Land and Property -- Tenancy - Non-payment of rent - Effect - Held, mere no, production of rent receipts depicting payment of rent would not negative plaintiff's plea of tenancy because liability of tenant to pay rent is determining factor and not actual payment of rent - In instant case, plaintiff as tenant is liable to pay 1/3rd batai and, therefore, plaintiff continues..........
Criminal Procedure Code, 1973, Section 227, 91 -- Accused cannot at the stage of framing of charge invoke S.91 to seek production of any document to prove his innocence...........
Evidence Act, 1872, Section 114(g), Criminal Procedure Code, 1973, Section 233 -- CCTV Camera footage - Non production - Adverse inference - Could be drawn only if accused had moved an application u/s 233 of the Code for production of CCTV Camera footage and prosecution had failed to respond - Prosecution witnesses stated that CCTV footage did not have any relevant..........
Criminal Procedure Code, 1973, Section 311 -- CCTV camera footage - Production of - Held, S.311 of the Code is meant for summoning of witnesses and not documentary evidence for which relevant provision is S.233(3) of the Code...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - After closure of evidence by parties - Merely because some discretion is grant to the court for production of documents at the later stage, should not be misused by the parties under the guise of pressing into service such provision...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - After closure of evidence by parties - Production of documents at such a belated stage strongly deprecated - However, keeping in view the nature of documents and that petitioner shall not lead any further evidence except the evidence for getting the documents exhibited, petitioner is granted one..........
Civil Procedure Code, 1908, Order 7, Rule 11, Punjab Co-operative Societies Act, 1961, Section 55, 82 -- Application U.O.7.R.11 CPC - Dismissal of application - Jurisdiction civil Court - Plaintiff after giving up her claim for recovery of amount seeks only production of entire records of defendant pertaining to construction/payments received and payments made to members..........
Civil Procedure Code, 1908, Order 16, Rule 6, 2 -- Expenses for summoning witness - Production of documents - Provisions of O.16, R.2 and R.6 of CPC - Nature of - Held, said provisions are part of procedure - These provisions also contain the word "shall" but no, performance of a duty/conduct/activity within the time so prescribed does not lead to forfeiture of the right -..........
Insecticides Act, 1968, Section 29, 31 -- Company - Sanction to prosecute - Sanction granted for instituting proceedings under the Act against company through one `S' Director and `P' Production Manager - Sanction to prosecute `S' individually not granted - Under the sanction, prosecution cannot be launched against `S', the petitioner - Prosecution of `S' quashed...........
Criminal Procedure Code, 1973, Section 311, 391 -- Criminal trial - Important and relevant evidence - Production of - Power of Court - Held, the important and relevant evidence collected by the Investigation Agency should have been produced and if not done, the trial Court could invoke its powers under Section 311 Cr.P.C. and if no such attempt was made, the same has to be..........
