Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Quashing of summoning order - Illegal gratification - Investigating agency found no evidence against petitioners and charge sheet/closure report was filed - Court without ordering further investigation cannot take cognizance against petitioners by appreciating..........
Evidence Act, 1872, Section 154 -- Hostile witness - Cross-examination of one's own witness - DW2 turned hostile and deposed against chief examination and colluded with plaintiff - Defendant filed application to declare him hostile after 2 adjournment and 20 days of closure of evidence of DW2 - More so, no details are furnished as to in what context and how DW2 resiled..........
Civil Procedure Code, 1908, Section 151 -- Closure of evidence - Costs not imposed before closing evidence - By not imposing costs party not put on guard to make him aware that his evidence was likely to be closed - Order closing evidence set aside and tenant be provided three effective opportunities to complete his evidence subject to payment of Rs.5,000/- as costs...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement to introduce counter claim - Suit for partition and permanent injunction - Application seeking to introduce counter claim after closure of plaintiffs evidence - Moreover, cause of action, accrued to defendants after delivery of their defence - Thus,..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Documents not filed alongwith written statement - Allowed to be filed after closure of evidence by defendant - Documents were certified copies of judgment and decree passed by Civil Court in previously instituted suit between the same parties which are per se admissible in evidence and same..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application to set aside ex parte order is not maintainable after closure of evidence and when suit is posted for judgment...........
Civil Procedure Code, 1908, Order 17, Rule 1, 3 -- Closure of evidence - Non production of witnesses despite grant of three opportunities - Before closing evidence Court should normally pass order of lesser gravity - One effective opportunity granted to plaintiff to produce her entire evidence subject to payment of Rs.5000/- as costs - Application allowed...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Allowing additional evidence that too after closure of evidence by orders of Court, which otherwise attained finality - Not permissible under law - Rather, it amounts to allowing of rebuttal to rebuttal evidence, which is unheard of in judicial circles...........
Civil Procedure Code, 1908, Order 16, Rule 10 -- Closure of evidence for non appearance of summoned witnesses - No finding recorded as to whether bailable warrants were served upon the witnesses - It was obligatory on the part of trial Court to issue non bailable warrants of their arrest or Court should have adopted some other coercive steps by writing to the SSP concerned..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 1 -- Production of documents - After closure of evidence by both the sides - No good cause shown to the satisfaction of Court for not filing documents on or before the statement of issues - Ignorance of plaintiff would not provide sufficient excuse for delay in making application, as S.151 CPC cannot be used for..........
