Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A, 4 -- Late production of documents - Documents sought to be produced contrary to pleadings - Documents sought to be filed not filed alongwith written statement and failure to satisfactorily account for not pleading them or filing them as required under law - Allowing said documents on record would certainly cause..........
Will -- Non production of draft Will - Advocate who drafted Will of testator had died when case was taken up for evidence - There was thus, no scope for draft Will being produced and evidence in that regard being adduced as to whether Will filed in Court is same of draft Will approved - Hence, wife of testator will not be in a position to state as to whether Will executed..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Transaction of obtaining a project loan by respondent have a close nexus with a profit generating activity and the dominant purpose for getting the loan was to generate profits upon successful post production of movie - Respondent cannot be said to be a consumer...........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 14 -- Production of documents - At the fag end of trial - Case fixed for judgment and that stage applicant seeking documents from defendants has been filed - When there is specific provision for production of document prior to settlement of issues and stage has been fixed for the same, plaintiff could not approach..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - Un-registered sale deed - When a document is inadmissible in evidence for want of registration, none of its terms can be admitted in evidence - Trial Court rightly refused to admit the document - Application rightly dismissed...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Capital punishment - Appreciation of evidence - Defence counsel absent on crucial occasions, including examination-in-chief and cross-examination of PW1, statement of PW2 recorded in his absence - Legal Aid Counsel only appointed belatedly and changed more than once during trial - Opportunity to..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for damages and injunction - Plaintiff in his cross-examination admitted that he was in possession of key of lock which is locked to the gate of property in dispute - When such a fact is pleaded by plaintiff, it is for him to prove such a fact and defendant cannot enter into issue and ask for production of key -..........
Registration Act, 1908, Section 71 -- Refusal to register document - Non-production of original parent document - Sub-Registrar cannot insist party to produce original parent document while registering document - Impugned refusal check slip quashed - Petitioner is directed to represent sale deed...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from recovering royalty from plaintiffs - Brick earth was declared as a minor mineral by a notification u/s 3(e) of Mines and Minerals Act - State Government thus, gets the right to levy royalty on the production and disposal of minor minerals - Once it is shown that under the Mineral..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Mere asking for production of a document cannot and should not be accepted by Court - Plaintiff ought to have pleaded relevancy of documents in application...........
