Indian Penal Code, 1860, Section 419, 467, 420, 468, 120B -- Sale deed - Execution by impersonation - Original sale deed in respect whereof forgery was committed not recovered from the vendees during course of investigation nor any explanation given - Only copies thereof brought on record - Original owners not examined - Questioned thumb impressions of the alleged vendors..........
Criminal Procedure Code, 1973, Section 311 -- Power to summon material witness or examine person present - Exercise of power - Touchstone for exercise of power is the satisfaction of the court that the evidence of any person, which comes to its notice, is essential for just decision of the case - The intention of the legislature is to empower and enable the court to come..........
Criminal Procedure Code, 1973, Section 451 -- Offence under NDPS Act - Car taken into custody - Car will be reduced into junk - Ordered to be released after preparing proper panchnama so that the same can be used in evidence instead of its production before the Court during trial...........
Civil Procedure Code, 1908, Section 32, Order 16, Rule 10 -- Issuance of proclamation - Seeking production of document relating to sale of stamp papers - Grant of 18 adjournments by Trial Court to Officer of Registration Dept to produce documents - Still Officer was consistently absent - Court found document of substantial material value - No intimation by Officer for not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Complainant sought production of a document after statement of accused was recorded u/s 313 Cr.P.C. and before recording defence evidence - Application dismissed even without calling reply on the ground that document sought to be produced..........
Criminal Procedure Code, 1973, Section 195 -- Document forged and then produced in Court - Provision of S.195 Cr.P.C. is not applicable - S.195 Cr.P.C. is applicable when document is forged subsequent to its production or giving in evidence in a proceeding in Court...........
Constitution of India, 1950, Article 32 -- Habeas corpus - Missing minor child - Husband filed petition before Supreme Court praying for production of his minor son and for handing over custody with his passport to him - He alleged that child was illegally and unlawfully detained beyond his motherland, USA, in blatant violation of orders of US Courts by his divorced wife -..........
Stamp Act, 1899, Section 62, 64, 70 -- Instrument not duly stamped - Penal action - Criminal intention or mala fides to defraud the Govt. is not required u/s 62 of the Act whereas u/s 64 of the Act intention to defraud is necessary - Production of original document is not necessary - Prosecution under the said provisions of law can be initiated on sanction of a Collector,..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Non-production of original registered mortgage deed - Admissibility of oral evidence - Since original document was registered prior to partition of country and is currently in area which is now part of Pakistan - Therefore, oral evidence of document is admissible...........
Evidence Act, 1872, Section 59, 60, Civil Procedure Code, 1908, Order 32, Rule 1 -- Minor - Proof of age - Consent decree - Challenged on the ground that it was passed on the basis of admission by a minor - Oral evidence - Held, same is hardly of any consequence in the absence of production of the birth entry, from the office of the Registrar (Birth and Death) or from the..........
