Criminal Procedure Code, 1973, Section 319, 401 -- Summoning of additional accused - Rejection - Validity - Respondents No.2 and 3 sought to be summoned as additional accused alleged to have committed theft of money belonging to complainant along with main accused - Complaint and deposition of complainant reveals that respondents No.2 & 3 along with main accused have..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Procedure to be followed - Held, in order to proceed u/s 319 Cr.P.C. for impleading person not being accused, on basis of evidence appears against him, State is required to record its finding showing material for impleading person u/s.319 Cr.P.C. - In case of impleading a person as accused,..........
Motor Vehicles Act, 1988, Section 163A(1), Workmen's Compensation Act, 1923, Section 2(g), 4(1)(c)(ii) -- "Permanent disability" - Appellant, 12th standard student, failed to adduce any evidence to prove his income - Notional income of Rs.15,000/- p.a. fixed by Parliament in year 1994 - In present case, accident occurred on 21.01.2004 - Held, commensurate with passage of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mere fact that amendment is permitted does not mean that Court has accepted the plea of plaintiff or the pleadings sought to be included by way of amendment are true and plaintiff is entitled to the relief sought by way of amendment - Defendant would have an opportunity to file additional written..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Handwriting Expert - Cannot be allowed to be examined in rebuttal and even cannot be allowed to be examined by way of additional evidence, as this evidence was well within the knowledge of petitioner, at the time when he was leading evidence in affirmative...........
Civil Procedure Code, 1908, Order 18, Rule 1, 2 -- Right to begin - Admission of fact by defendant - Additional fact alleged by defendant not admitted by plaintiff - It is only upon those additional facts that issues are to be framed and evidence has to be led - Held, it is defendant who has right to begin his evidence...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - After conclusion of trial - Court to hear arguments immediately after completion of evidence - However, if there is a time gap between completion of evidence and hearing of the arguments, for, whatsoever, reason, and if in that interregnum, a party comes across some evidence which he could not lay his hands..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Jamabandis and khasra girdawaries - Per se admissible - One adjournment must be granted to tender these documents subject to payment of costs...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - It is very well in the domain of appellate Court to direct parties to produce particular document or witness in case it comes to conclusion that perusal of such document or statement of witness is necessary for proper adjudication of matter...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be allowed to even that party who has not lead any evidence in the trial Court, provided he fulfills the conditions as enumerated in O.41.R.27(1)(aa)...........
