Civil Procedure Code, 1908, Section 151 -- Additional evidence - Defendant seeking permission to lead additional evidence after closure of his evidence - Same allowed only on the ground that plaintiff will have a right to cross examine the witness without going into the question whether same could be allowed once the evidence of defendant was closed - Order totally cryptic..........
Allotment of plot -- Demand of additional price on account of enhancement of compensation - In the allotment letter option was there to vary the price in case there is change in size of plot - This clause does not talk about demand of additional price on account of any other factor specially the one namely on account of enhancement of compensation for acquisition of plot..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Rape - Accused by way of additional evidence summoned Deputy Commissioner of police on the ground that he had purportedly recorded video of crime scene in his mobile phone - However, when prosecution states that police team had visited scene of crime, plea to examine Deputy Commissioner..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Complainant seeking to produce additional evidence - Complainant had every opportunity to place such evidence before authorities during investigation as well as during trial - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - High Court earlier rejected bail application - Trial Court granted bail on filing of fresh bail application, having due regard to the nature of offence, fact that other accused had been granted bail and that charge sheet has been submitted - Order of trial Judge does not indicate that he had applied..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where the former suit is dismissed by the trial court for want of jurisdiction, or for default of the plaintiff's appearance, or on the ground of non-joinder or mis-joinder of parties or multifariousness, or on the ground that the suit was badly framed, or on the ground of a technical mistake, or for failure on the..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Certified copies of documents, which form part of judicial record, sought to be produced by plaintiff - Relevancy and evidentiary value of documents shall be gone into by trial Court at the time of final arguments - Application allowed...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Issue of title in a simplicitor suit for injunction - Plea of title set up by defendant in his written statement - No challenge laid to the plea of title - Order framing additional issues relating to title, set aside...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application must be disposed of along with appeal - However, appellate Court dismissed the application pending disposal of appeal, which is against law - Impugned order of set aside - Matter remanded for decision afresh in accordance with law...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought at the stage of rebuttal evidence - Material piece of evidence having bearing on the case - Delay or lapse not a sufficient reason for disallowing the application - Application allowed subject to payment of Rs.30,000/- as costs...........
