Civil Procedure Code, 1908, Section 151 -- Closure of evidence as witnesses were not present - Court passing such an order has power to recall its own order and allow a witness to be examined...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Opportunity given but not availed - Sought permission to file replication after closure of evidence of plaintiff - Replication is mere denial of new or fresh facts pleaded in the written statement - Issues are framed on the basis of plaint and written statement - Role that can be attributed to the..........
Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Closure of evidence - Evidence not produced despite availing three opportunities - Lis be heard and disposed of on merits without laying undue stress on procedural formalities, unless the party seeking indulgence of the Court is otherwise disentitled for exercise of judicial discretion in this regard due to his/her act and..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227 -- Closure of defence evidence - Exemption from appearance granted and defence evidence closed as it was not produced - Held, once the Court granted exemption to the accused, an opportunity to lead defence evidence should have been granted - One opportunity to lead defence evidence given...........
Civil Procedure Code, 1908, Order 17 -- Failure to produce any witness despite many opportunities - Closure of evidence by order - On an application filed evidence allowed to be led - Ground taken in application not supported by any corroborative material on record - In the interest of justice order allowing application not interfered with - However, respondent burdened..........
Civil Procedure Code, 1908, Order 16, Rule 15, 18, 20 -- Closure of plaintiff's evidence - Non-appearance of plaintiff for cross-examination - Validity - Only 11 opportunities have been granted to plaintiffs and they are not responsible for couple of adjournments out of it - Plaintiff No.1 had gone to call his counsel but without informing Court - However, the fact remains..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - After closure of evidence by parties - Merely because some discretion is grant to the court for production of documents at the later stage, should not be misused by the parties under the guise of pressing into service such provision...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - After closure of evidence by parties - Production of documents at such a belated stage strongly deprecated - However, keeping in view the nature of documents and that petitioner shall not lead any further evidence except the evidence for getting the documents exhibited, petitioner is granted one..........
Criminal Procedure Code, 1973, Section 173(2), 156(3) -- Final report - Finding of allegations in private complaint false - Held, it is not incumbent upon IO or Officer laying final closure report to file a complaint against de facto complainant for giving false evidence and misusing their official position as public servants...........
Criminal Procedure Code, 1973, Section 482, Customs Act, 1962, Section 135(1)(b) -- Closure of evidence - Legality - Sufficient number of opportunities had been given by Court to produce evidence - Petitioner did not complete its evidence despite final opportunity having been given - Held, evidence of petitioner had rightly been closed - Moreover, order of closure of..........
