Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of defence evidence - Opportunity to adduce defence evidence was granted - No defence evidence was led and Court closed the defence evidence - Petitioner should have assigned reasons for not adducing defence evidence for consideration of Court - Criminal trial cannot be delayed without any..........
Criminal Procedure Code, 1973, Section 482 -- Closure of prosecution evidence - Part statement of I.O. in a corruption case recorded - If witness avoids to appear in Court despite service of summons then Court has to take necessary steps for securing presence of witness by issuing summons to him or by adopting coercive methods for securing his presence - Prosecution..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closure of evidence of plaintiff - Right of plaintiff to submit evidence in the form of examination-in-chief was cancelled on the ground that he was reluctant in proceeding with suit and showed his disinterest in proceedings by remaining absent - However, matter should be decided on merits rather than mere technicalities more..........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Ample opportunities given to plaintiff to produce her evidence in past 10 years - However, she remained negligent and irresponsible and utterly failed to produce her evidence - Order of closure of evidence of plaintiff is proper...........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Plaintiffs could not produce their evidence because his brother had suffered a paralytic attack and was treated in the hospital - Defendants refused to accept the cost in view of earlier order of Court, evidence could not be recorded - Interest of justice will be met if one opportunity is..........
Service -- Recruitment process - Candidate in a recruitment process cannot be permitted to approach for redressal, howsoever may be the genuineness of grievance, at any stage of time as there has to be a closure to the process of recruitment...........
Criminal Procedure Code, 1973, Section 173 -- Cancellation report - Rejection of - Police filed cancellation report and Magistrate directed re-investigation - IO conducted investigation again and filed second closure report - Magistrate rejected second closure report merely on basis of earlier order of rejecting first closure report - Order is recorded in a perfunctory and..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Criminal history - Criminal history must be of cases where accused was convicted, including the suspended sentences and all pending First Information Reports, wherein the bail petitioner stands arraigned as an accused and not when accused acquitted or discharged or when Courts quashed the FIR, prosecution stands..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After closure of plaintiff's evidence - Defendants by way of amendment wanted to take plea of adverse possession on the strength of defective title by way of oral sale - Amendments sought by defendants and allowed by trial Court will not change the nature and character of suit - Admission of..........
Criminal Procedure Code, 1973, Section 173 -- Final report - Closure report - Court disagreed with the report but did not take cognizance of offence - The only other option available to Court was to direct further investigation - However, no such specific direction was given - Held, by issuing a direction to I.O. to take further action in accordance with law, Court meant..........