Evidence Act, 1872, Section 64 -- Documents already proved but the same not exhibited - Can be shown during course of arguments that documents which remained unexhibited have to be exhibited - Question of allowing additional evidence to prove these documents - Does not arise - Civil Procedure Code, Order 18 Rule 17-A...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Notice - Additional evidence - To prove the date on which statutory notice was served - Notice sent on 6.10.1995 - Complainant alleging that after filing of the notice with the complaint the accused has tampered with the judicial record and has written date of receipt of notice as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - An additional approach to the facts of the case may be made - If facts are there and pleaded by either of the parties in some form or other and then an additional approach can be made to those facts, then it cannot be said to amount to introducing a new case...........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 307, 148, 149, Arms Act, Section 25, 27 -- Summoning - Magistrate was not required to make a microscopic appreciation of evidence before him - He was required only to see whether there was prima facie case against the accused warranting his being put on trial - Additional Sessions Judge should not..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in appeal, when cannot be allowed - Plea that evidence of witness essential to prove Expert opinion for proper adjudication of case - Not tenable as it cannot be said that despite due diligence appellant could not examine the witness now sought to be examined by way of additional evidence - Declining of..........
Civil Procedure Code, 1908, Order 18, Rule 17A -- Bona fide mistake of Bank - Name of Chief Manager typed in the plaint originally - Chief Manager not present on date of filing suit - Plaint signed and verified by another Officer of Bank - Office copy of plaint inadvertently not corrected - Signatory of plaint not examined due to bona fide mistake - Order disallowing..........
Civil Procedure Code, 1908, Order 41, Rule 27(aa), 27(b) -- Additional evidence in appeal - Bringing on record Will a document relevant for proper adjudication of case - Appellant negligent in not leading evidence at relevant time - Whole controversy revolves around Will which is necessary for proper adjudication of case - Case falls under Order 41 Rule 27(b) and not under..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B -- Cancellation of anticipatory bail - Anticipatory bail allowed to the respondents during investigation of the case by the Additional Sessions Judge in hot haste - Till then even the report of Chemical Examiner was not received - Circumstance which ought not to have been taken into..........
Criminal Procedure Code, 1973, Section 328, 329, 330 -- Accused man of unsound mind - Application under Sections 329 and 330 dismissed by Additional Sessions Judge without holding any inquiry - Order set aside and directions given to the trial Court to request the Civil Surgeon to constitute a board of doctors in order to give the opinion whether the petitioner was a man..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, Constitution of India, 1950, Article 226 -- Ex parte order passed against a person or person not served or had no knowledge of hearing and order passed at his back - Proper remedy - To file application before Additional Director Consolidation for setting aside of ex parte order - No..........
