Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Impleadment of additional accused - No additional accused can be impleaded subsequent to filing of a complaint once the limitation prescribed for taking of cognizance of offence u/s 142 of the Act has expired...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for declaration of ownership and joint possession - Defendants/petitioners sought permission to lead evidence qua unregistered Will in their favour alleged to be executed by deceased - There is no additional issue framed regarding Will - Numerous opportunities had been given to defendants to conclude..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - First appellate Court has allowed the application U.O.41.R.27 CPC in a perfunctory manner, bereft of reasons as to why application has been allowed at appellate stage - Order allowing application set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Plaintiff's own case was that he was allowed to occupy the additional plot of land in question by defendants without any formal allotment - Plot of land admittedly belongs to a third person who is a migrant - Therefore, there is no legal right or interest created in favour of plaintiff so as to entitle..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is to be heard at the time of final hearing of appeal - First appellate Court allowed application without any reason in a perfunctory manner - Order allowing application set aside...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Document sought to be filed at belated stage - Non mentioning of reasons for not filing application at the earlier point of time - Merely for this reasons application cannot be dismissed considering documents sought to be marked in evidence...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - If a document is sought to be filed at a belated stage is relevant and helps the Court in adjudication, such documents can be received in evidence...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Rent petition - Issues were framed in the year 2015 - Subsequently, witnesses of landlord were examined and even one witness on behalf of tenant had been examined by trial Court Application for framing additional issues filed at this stage that too after 8 years of framing of issues - All..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Public document - Cannot be taken on record when there is no pleading to that effect...........
Evidence Act, 1872, Section 8 -- Motive - When offence committed is proved, motive part loses its importance - Where there is clear proof of motive for the crime, that leads additional support to finding of Court that accused was guilty - But absence of clear proof of motive does not necessarily lead to a contrary conclusion...........
