Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Examination of expert in rebuttal after closure of evidence of plaintiff - Plaintiff cannot lead evidence in rebuttal in respect of an issue, onus of which was on plaintiff himself...........
Civil Procedure Code, 1908, Section 151, Order 14, Rule 5 -- Framing of additional issues - After closure of plaintiff's evidence - Suit for declaration - Grant of declaration is dependent upon claims set up by plaintiffs on the basis of two Wills and one family settlement - Plaintiffs had already concluded their evidence and after closing of the same voluntarily, have..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Filing of documents after closure of evidence - Court cannot grant leave to file documents at a belated stage for mere asking - Plaintiff who seeks to file documents at such stage, has to satisfy two conditions namely; (a) documents are necessary for deciding the real controversy in suit (b) existence of sufficient cause for..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Filing of documents after closure of evidence - Diligence of plaintiff - Factum that proposed documents were not filed along with plaint despite their existence, shows plaintiffs were not diligent in filing relevant documents - More so, plaintiffs failed to explain relevancy of proposed documents in determining real..........
Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Closure of plaintiffs evidence - Six effective opportunities for concluding evidence were availed by plaintiff but evidence not concluded - Case was adjourned for evidence of defendant - However, taking into account that plaintiff is to be cross-examined and is to lead evidence through one more witness only, therefore, in..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Matter listed for arguments - Application sought for examination of certain witnesses by defendants after closure of their evidence - No specific averments in the application that defendants despite due diligent failed to examine and produce the witnesses while leading defendants evidence - More so, no new..........
Criminal Procedure Code, 1973, Section 190, 210 -- Cognizance of offence - Private complaint - Offence under SC/ST case - I.O u/s 173 Cr.P.C. submitted its closure report in the fate of further investigation, as offence being not made out against accused - Magistrate without pronouncing any order thereon nor upon objections reared by complainant, rather proceeded to take..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Examination of expert in rebuttal evidence after closure of evidence - Cross examination of PW3 was allowed after closure of evidence which necessitated examination of expert in rebuttal - Held, plaintiff could exercise his discretion to examine any further witness after taking into consideration the facts elicited in cross..........
Indian Penal Code, 1860, Section 394, 302, 343, 210, 218, 120B -- Robbery and murder - Cause of death is asphyxia - A-1 to A-3 caused injury to deceased and thereafter dragged and dumped him into bushes besides the road - Evidence on record shows that A-1 to A-3 tried to cover up their crime by filing closure report that death of deceased was due to accident - Medical..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Closure of evidence of defendant - Where defendant failed to challenge order closing evidence, he cannot be permitted to lead additional evidence...........
