Criminal Procedure Code, 1973, Section 267 -- Accused in judicial custody - Production of - Exercise of power by Magistrate - Held, whenever Magistrate come to know that a person is involved in more than one case and has been remanded in one case, then steps should be taken u/s 267 Cr.P.C. for production of such person before concerned criminal court for purpose of..........
Civil Procedure Code, 1908, Order 17, Rule 2, Civil Procedure Code, 1908, Section , Order 9, Rule 9 -- Disposal of suit - Applicability of O.17.R.2 CPC - Held, O.17.R.2 CPC applies to a case where entire evidence on one side is available and opposite party refuses to carry on with case, and when Court is empowered to pass a decision on merits - Said provision cannot be..........
Industrial Disputes Act, 1947, Section 33 -- C(2) - Adverse inference - Claim for wages for working on Saturdays - Direction to petitioner - MC by Labour Court for production of record for the period 1.1.1989 to 29.2.2000 - MC only produced records for the period October, 1990 to January, 1995 - Adverse inference for non - production of record has to be drawn against the..........
Industrial Disputes Act, 1947, Section 11A -- Misconduct - Confession - Non voluntary confession - Production of witness - Burden of proof - Plea of workman that the Manager and Accountant before whom writing was inked were not examined by the management to prove the writing - The onus to prove that the writing was obtained from the workman was not voluntary, was on the..........
Civil Procedure Code, 1908, Order 12, Rule 6, Contract Act, 1872, Section 148, 151, 152 -- Suit for damages - Destruction of certain antique pieces of furniture - Antique pieces of furniture hired for a film under production - Case of bailment made out - It is for defendants to show that they had taken all proper care and precaution - It would be matter which requires..........
Conduct of Election Rules, 1961, Rule 93(1)(dd) -- Election petition - Allegations in petition relates to enrollment of voters in more than one place in Assembly Constituency - Respondent filed application under Rule 93(1)(dd) of the Rules seeking inspection of packets containing registers of voters in Form 17A to substantiate allegations of double voting by relations and..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Tube well - Electricity disconnection - Order passed by District Forum directing reconnection of the tubewell - Consequent upon not complying with its order, which attained finality as no appeal against the Judgment of the District Forum filed, order passed by the District Forum - The order in execution..........
Civil Procedure Code, 1908, Order 18, Rule 4, Evidence Act, 1872, Section 65 -- Secondary evidence - Production of - Duty of court - Held, S.65 details several circumstances when secondary evidence can be adduced - Offer of a party to give proof of facts through secondary evidence is a matter of evidence and not a matter of essential pleading - Circumstances detailing..........
Will -- Scribed at Sarpanch - Non production of Panchayat registered - Will attested by ten witnesses out of which nine were independent witnesses and three of them examined - All statutory requirements were complied with - Held, non production of Panchayat registered is not a suspicious circumstances when Will is otherwise proved...........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 27 -- Second appeal - Suit for possession by way of pre-emption - Rejection of application for production of additional evidence in appellate Court - Since events occurring after passing of decree are irrelevant for adjudicating right of pre-emption and such evidence deserves to be rejected - Rejection of application..........
