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..........
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..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-appearance of complainant - Accused acquitted - Complainant could not appear before trial Court on relevant dates due to heart ailment as he was treated in Hospital - He submitted an affidavit u/s 200 Cr.P.C and other documents on record in support of his complaint before said illness - Amount of..........
Civil Procedure Code, 1908, Section 35B -- Non-payment of costs - Closure of evidence of defendants - Case adjourned for DWs subject to payment of costs of Rs.200/- - Cost not paid and no DW was present and defendant's evidence was closed by order - No application u/s 148 CPC filed for extension of time - Evidence of defendants rightly closed...........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Court granted 22 opportunities to plaintiff to lead evidence and out of which on three occasions plaintiff was present - Though apparently, there is no justification forthcoming for not leading evidence for over three years, however, looking to nature and manner in which trial Court has..........
Evidence Act, 1872, Section 137 -- Closure of right to cross examine witness - Court gave last chance to cross examine with cost, number of times but witnesses not cross examined - High Court granted one last opportunity to cross examine witness and counsel gave an undertaking that he will not seek any further adjournment - Last opportunity availed but still adjournment..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of defence evidence - Ten dates were fixed for accused to adduce defence evidence - Accused did not produce any witness and kept on praying for adjournment - They kept on protracting the proceeding - Trial Court justified in closing defence evidence...........
Criminal Procedure Code, 1973, Section 173(2) -- Closure report - Murder case - Criminal conspiracy - Investigation and closure report do not contain any material with regard to nature of investigation against accused for conspiracy to arrive at conclusion for insufficiency of evidence against them - Closure report is based on ipse dixit of I.O - Investigation appears to..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closure of evidence of defendants - Mere fact that plaintiffs not produced documents as per order of Court, that by no means extended opportunity for defendants not to lead their remaining evidence...........
