Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Application by accused for sending receipt to handwriting expert allowed by trial Court - However, despite repeated opportunities accused failed to take steps for sending documents - Closure of defence of accused held not proper especially when order allowing application..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Documents not filed alongwith written statement - Documents sought to be produced after closure of evidence by plaintiff - It will cause prejudice to plaintiff as he will not have opportunity to controvert said documents - If he had known about these documents, he would have also filed documents..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Closure of - Plaintiffs filed the applications U.O.40.R.1 CPC and S.45 of Evidence Act, which was also dismissed - They did not file applications immediately on closure of their evidence or when case for first time was fixed for rebuttal evidence - Even otherwise, plaintiffs failed to make out a case for..........
Criminal Procedure Code, 1973, Section 311 -- Order of Court to summon any witness after closure of evidence - Cannot be treated as a review of order closing evidence...........
Criminal Procedure Code, 1973, Section 311 -- Examination of two Medical Officers - After closure of prosecution evidence - Complainant sought examination of two doctors to prove medico legal report and x-ray report - Such evidence would advance cause of justice and it is essential to just decision of case - It does not amount to review of order closing evidence - Order..........
Civil Procedure Code, 1908, Section 151, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Additional evidence - Dismissal of application - Eviction petition - Landlord seek to lead additional evidence in respect to property purchased subsequent to closure of their evidence - Landlord want to lead additional evidence in respect of necessity of son and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of defence evidence - If a witness does not appear despite serve, Court must adopt coercive step to secure his presence rather than closing evidence...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibition of documents - After closure of evidence of defendants - Suit for declaration - Documents sought to be exhibited are certified copies of Record of Rights and rent receipts - Reason for no, filing of documents at the time of trial is vague - Record of rights are public documents and same are always available -..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibition of documents - Plaintiff after closure of evidence filed an application to exhibit the document in question - Same was rejected, as document is not relevant to matter in issue - Writ petition was filed by plaintiff against the rejection of application for exhibition of document, which was also rejected - Again an..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - After closure of a lis - Not permissible...........
