Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence qua additional issue - Additional issue framed after closure of evidence by plaintiff - Denial of opportunity to plaintiff to lead evidence in rebuttal on additional issue would amount to denial of equal opportunity to him, thereby causing a manifest injustice, which will be against the basic principles of..........
Civil Procedure Code, 1908, Section 151 -- Closure of evidence by order - Witness summoned - Witness gave a note on the summon that concerned record is not available with him and is available with the other office - In such circumstances, Court ought to have given at least one opportunity to summon record from concerned office instead of closing the evidence by order...........
Criminal Procedure Code, 1973, Section 482, 169 -- Quashing of proceedings - Closure report filed by police - Statements of witnesses which were recorded by police and report given by CSP does not appear to be correct as he has merely given a finding that in absence of any documentary evidence it cannot be said that respondent No.2 has paid the amount to applicant -..........
Criminal Procedure Code, 1973, Section 311 -- Closure of prosecution evidence by order - Non presence of witness despite service - Trial Court dismissed application u/s 311 Cr.P.C. - Revisional Court allowed application by holding that it was duty of trial Court to secure presence of witness, who had been served but not appeared, through coercive method and thus trial..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence closed by order - To allow additional evidence thereafter is to circumvent order of closure of evidence. (Para8)..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence of petition was closed by order of Court and subsequently application for permission to lead additional evidence to prove affidavit by examining witness was filled - Order whereby evidence of petitioner was closed by orders of Court has assumed finality as no revision was preferred against that order..........
Evidence Act, 1872, Section 138 -- Cross examination - Closure - Cross examination could not be complete3d in view of inability of advocate to remain present as he had other pressing engagements - Impugned order quashed - Further cross examination allowed subject to payment of costs of Rs.20,000/-...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence after closure of evidence of parties - Held, permissible...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - After closure of evidence plaintiff realised that some more evidence can improve his case - Held, this is hardly a reason to reopen the suit, especially at the stage of arguments...........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closure of evidence - Genuine cause for not producing evidence - One last opportunity granted to produce evidence...........
