Civil Procedure Code, 1908, Order 21, Rule 37, 38 -- Execution - Issuance of warrant of arrest - Validity - Judgment and decree has been passed in the year 1995 - Execution of same is still pending - Judgment debtor did not appear in person in complete disregard of Court's order - Held, order of issuance of warrant for arrest of judgment debtor proper - So far as enquiry..........
Evidence Act, 1872, Section 114 -- Suit on the basis of Bahi entry - Non production of income tax returns - Not sufficient to non suit plaintiff as plaintiff produced original Bahi at the time of leading evidence and entries are reflected therein and income tax returns are submitted on the basis of Bahi entries - Bahi entries are the original record regarding transaction..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21(b) -- Recovery of 175 grams of smack powder - Seized substance deposited in Malkhana after two months of seizure and there was no explanation where it was kept during all this period - Delay of six days in depositing sample with FSL and no explanation as to how sample was handled during this period -..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Court can allow recall of a witness or permit fresh evidence when additional evidence, oral or documentary will (a) assist in rendering justice; (b) Court is satisfied that non production earlier was for valid and sufficient reasons - Court should firstly (a) award appropriate costs to the other party to..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13A -- Eviction application on ground of bonafide necessity - Application adjourned subject to last opportunity for production of certain documents by petitioner, which he failed to produce - On next date of hearing request for extension of time for production of documents declined vide impugned order - Held,..........
Criminal Procedure Code, 1973, Section 482, 91 -- Quashing of proceedings - Summoning for production of document - Accused is a registered society and also custodian of relevant document - Record summoned not created by accused no.1 (club) but is created by rest of accused persons - Moreover, chairman who is managining club is not accused in private complaint - Production..........
Evidence Act, 1872, Section 65 -- Secondary evidence relating to contents of a document is inadmissible, until the non production of the original is accounted for, so as to bring it within one or other of the cases provided for in the section - Secondary evidence must be authenticated by foundational evidence that the alleged copy is in fact a true copy of the original...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused allegedly fired pistol shots at chest of deceased resulting into his death - Ocular evidence quite consistent with prosecution version, regarding time, place and manner of occurrence and gets assurance from medical evidence - Prosecution case cannot be thrown merely on the ground of non-investigation on criminal..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Appeal - Production of additional evidence - Application for - Separate disposal of - Legality - Held, application for additional evidence has to be considered along with appeal itself inasmuch as only at that time lower appellate Court would be able to be appreciate the relevancy of evidence sought to be produced as..........
Evidence Act, 1872, Section 165 -- Judge's have ample power to order for production of documents or things in order to discover or to obtain proper proof of relevant facts...........
