Constitution of India, 1950, Article 227 -- Order closing evidence - Parties name in true copy attached with the petition and the certified copy do not tally - Copy of impugned order is not a true copy - Petition dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment after closing of evidence by plaintiff - Held, if Court exercises the power while appointing Local Commissioner for satisfying himself as to about the actual position at the spot, then the parties should not feel apprehended by these reports...........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 540 -- Summoning of witnesses - Closure of prosecution evidence - Prosecution permitted to examine investigating officer and doctor who are public functionaries - Court took no steps to summon these witnesses and closed evidence on account of their non examination - Held, there was no fault on the part of the..........
Insurance claim -- Closing of claim as no claim - Surveyor's report - As against the claim of Rs. 7.30 lakhs the Surveyor assessed net loss only at Rs. 4.33 lakhs - Surveyor also observed that apparently there was no breach of warranty - Investigator appointed by the company only dispute certain bills stating that they were not genuine - No affidavit of the Investigator..........
Civil Procedure Code, 1908, Order 19, Rule 2 -- Affidavit - Cross examination of deponent - Evidence of deponent necessary as he is a relevant witness about the possession of the property in dispute - Order closing evidence set aside - Trial Court directed to allow cross examination of deponent...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Evidence of defendant closed - Amendment sought to incorporate facts as to previous suit and filling of writ petition - Factum of previous suit and writ petition very well in the knowledge of defendants - Failed to raise plea at relevant time - Not open to defendants to raise plea after..........
Criminal Procedure Code, 1973, Section 311 -- Trial - Termination - Trial is not terminated by closing evidence of prosecution and defence or posting case for judgment - Trial is terminated only on pronouncing judgment either acquitting accused or awarding sentence after conviction...........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 16, Rule 1 -- List of witnesses - Not given within 15 days - Held, rules of procedure are meant for promoting the cause of substantial justice and not frustrating the same - Procedure is the handmaid of justice - Order closing evidence - Set aside...........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Adducing of evidence - Opportunity of - Closing of evidence - Dismissal of suit - Plaintiff-appellant failed to adduce any evidence in support of the issue raised despite availing seven effective opportunities - Dismissal of suit by trial Court consequent thereto does not suffer from any illegality warranting interference in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Tenants witness - Examination of - Closing of evidence - Though on the date evidence of the petitioner-tenant's Advocate moved an application for adjournment as petitioner who was to be examined not feeling well - Respondent landlord took almost 5 years to adduce his evidence -Impugned order..........
