Arbitration and Conciliation Act, 1996, Section 19, 27 -- Taking of evidence - Courts assistance - Application u/s 27 of the Act rejected on the ground that documents are inadmissible as evidence being internal note sheets of establishment - Court below not competent to interfere with decision of Arbitral Tribunal while dealing with application u/s 27 of the Act -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - To decide application, only averments made in plaint and documents annexed thereto are to be considered...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Land in question contended to be agricultural land for which civil Court had no jurisdiction to try suit - However, perusal of plaint and documents annexed thereto reveals that nowhere in plaint, it is mentioned that suit land is agricultural land - Plaint not barred by law - Application..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 1800 ml of intoxicant liquid containing codeine phosphate salt - Consent memo, arrest memo and personal search memo of accused were prepared at the spot prior to registration of FIR, and complete details of FIR mentioned in these documents - Signature of accused taken on all these documents but..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of documents - Documents containing date of birth of prosecutrix sought by complainant - No dissimilarity between date of birth shown in documents already on record with that of document sought to be produced by complainant, as both the dates on these documents are homogeneous - There is thus, no force in the..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Documents sought were in knowledge and in possession of petitioners but they did not adduce the same - No case is made out for grant of opportunity for additional evidence - Application dismissed...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought to be produced at the stage when case was reserved for pronouncement of judgment - Suit pending for the last 12 years - No specific averments made in application as to why despite due diligence documents intended to be produced as additional evidence could not be filed at the time of leading evidence -..........
Evidence Act, 1872, Section 3 -- Exhibition of documents - Does not dispense with its proof...........
Evidence Act, 1872, Section 137, Civil Procedure Code, 1908, Section 47, Order 19, Rule 1 -- Execution - Affidavit - Cross examination of deponent - High Court allowed parties to adduce evidence by affidavits and documents - Necessarily it includes examination of witnesses with relation to documents which are produced - Impugned order declining cross examination of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs claiming to be in possession of property for the last 20 years - No document is on record as to ownership and title of plaintiff - Only one document i.e notice of encroachment was produced by plaintiff that too for the first time before High Court - Ration card shown by plaintiff also..........
