Indian Penal Code, 1860, Section 363, 366A, 376D, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping and rape - Age determination - Closure of evidence - Witness No.23 is material witness and essential for just decision of case - Impugned order set aside -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Defendant by way of amendment sought to introduce some facts on the basis of discovery of some documents which were in the custody of his deceased father - Amendment sought when trial of suit had already commenced and also arrived at the stage of closure of evidence from the..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Despite a passage of six years petitioner not able to complete his evidence even when afforded more than ample opportunities - Dismissal of application for adjournment and closure of evidence, held, proper - Contention of petitioner that last opportunity be granted subject to heavy costs not tenable as cost is..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Closure of defence evidence - Quashing of order - Despite of several opportunities, petitioner failed to produce any defence evidence - Trial Court committed no error by closing the opportunity of petitioner to produce defence evidence - Petition dismissed...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Evidence Act, 1872, Section 65B -- Illegal gratification - Electronic record - Conversation recorded by voice recorder - Crux of matter is the conversation between complainant and accused No.1 - FSL report stated that conversation is inaudible and same is not considered for spectrographic analysis -..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought at the stage when case was fixed for arguments - Video and audiographic conversation between the parties sought to be produced which took place after closure of evidence - Manuscript of conversation also produced - Additional evidence sought would be relevant for just adjudication of the case and falls..........
Evidence Act, 1872, Section 45 -- Expert opinion - After closure by evidence by parties - Respondent denied receipt of payment in his written statement but petitioner never made any attempt to get the disputed document referred to handwriting expert till completion of trial - Though delay may not be sole factor in considering application u/s 45 of the Act but since..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application U.O.9.R.7 CPC is not maintainable when filed after closure of evidence when case is posted for judgment...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Defendant supporting the case of plaintiff cannot lead evidence after closure of evidence of contesting defendant...........
Civil Procedure Code, 1908, Section 32, Order 16, Rule 10 -- Compelling attendance of witness - Duty of Court - Despite coercive method adopted by Civil Judge presence of witness could not be procured - Held, it is responsibility of Court to see that process issued by it is duly served and person for whose appearance process is served does appear in Court to give evidence..........
