Civil Procedure Code, 1908, Order 17, Rule 1 -- Striking of defence - Application for closing evidence of defendants was dismissed - Trial Court has already ordered to expedite disposal of suit and granted two effective opportunities to defendants for concluding cross examination of witnesses examined by plaintiff and granted three opportunities to conclude their evidence..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Ample opportunities were granted to plaintiffs to lead their evidence but they failed to do so - Moreso, said evidence was already in the knowledge of plaintiffs and was available with them at the appropriate stage - Application rightly rejected...........
Evidence Act, 1872, Section 112 -- Legitimacy of child - Presumption - Mere fact that both husband and wife are residing separately in two different houses or at two different places is insufficient to prove no, access - Access and no, access means the existence or no, existence of opportunities of sexual intercourse, it does not mean actual co-habitation...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband contended that no opportunity to adduce evidence was given to him while granting maintenance to wife - However, evidence on record shows that numerous opportunities were given to husband to adduce evidence but he did not afforded the same - Moreover, quantum of maintenance has not been challenged by..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Inspection of building - Revisional stage - Application dismissed as tenant had sufficient opportunities of leading evidence before authorities below, but he failed to do so - Even otherwise, Revision Court would not come to aid of party for collecting evidence - Application dismissed...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Application by accused for taking his specimen handwriting for comparison with body of cheques in question dismissed - Where accused had given blank signed cheques to complainant then it is obvious that he has himself allowed complainant to fill up same -..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Despite a passage of six years petitioner not able to complete his evidence even when afforded more than ample opportunities - Dismissal of application for adjournment and closure of evidence, held, proper - Contention of petitioner that last opportunity be granted subject to heavy costs not tenable as cost is..........
Civil Procedure Code, 1908, Order 17, Rule 1 - - Adjournments not beyond three times is salutary so long as the parties would stick to schedule - Provision is purely directory and an exhortation that unnecessary adjournments shall not be taken in Court - Court cannot merely close the evidence because three opportunities have been exhausted - It has still to see whether..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Evidence closed by petitioner voluntarily after availing sufficient opportunities - Evidence sought to be adduced in additional evidence by petitioner is essential for just decision of case - Further, evidence is based on record of office..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Closure of defence evidence - Quashing of order - Despite of several opportunities, petitioner failed to produce any defence evidence - Trial Court committed no error by closing the opportunity of petitioner to produce defence evidence - Petition dismissed...........
