Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Independent Additional Director - Complaint lacks the necessary averments to endorse as to what was the active role of the petitioners and as to how the petitioners were guilty or responsible for the offence - Proceedings qua petitioners, quashed...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiff is claiming title and possession over suit land alleging that proprietor of village, had settled the suit land in his favour - It stands proved by Amin report and Hukumnama as well as the Rent receipt - Order of Additional Collector directing realization of rent from plaintiff also confirms..........
Criminal Procedure Code, 1973, Section 319, Prevention of Corruption Act, 1988, Section 7, 11, 13, 15, 19 -- Summoning of additional accused - Offence committed by public servant u/ss 7, 11, 13 & 15 of P.C. Act - Courts cannot take cognizance against any pubic servant for offences committed u/ss 7, 11, 13 & 15 of Prevention of Corruption Act, even on an application u/s 319..........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Examination of doctors with support of entire medical documents - Where there is allegation from the side of accused that medical negligence is the reason for the death of child and prosecution case is that death was not due to any medical negligence, accused would not be put to any prejudice if..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Allowing of application for additional evidence is not sufficient to remand the case back to trial Court - First appellate Court being Court of fact and law has power and authority to call upon plaintiff to lead additional evidence or seek report from trial Court...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Parties are barred from producing additional evidence at writ appeal stage, whether oral or documentary except under circumstances postulated in O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Writ appeal - When a party produces documents in a writ appeal, O.41.R.27 CPC would come into play...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Parties are barred from producing additional evidence at writ appeal stage, whether oral or documentary except under circumstances postulated in O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Writ appeal - When a party produces documents in a writ appeal, O.41.R.27 CPC would come into play...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief which arises from the same facts - Should be allowed liberally...........
