Criminal Procedure Code, 1973, Section 311 -- Production of documents - Three sale deeds and documents of competency to execute these documents i.e. General Power of Attorney and Special Power of Attorney sought to be produced - Trial Court committed error in not appreciating interlinking between these documents - Even though Civil Court has passed a decree in favour of..........
Civil Procedure Code, 1908, Order 11, Rule 14, Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Boundary dispute between two states - Topographical maps maintained in Head Office of Survey of India sought to be produced by way of present application - Documents thus, not in possession of applicant - Production of said documents by witness for..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Capability of person to adduce evidence by himself on disputed fact is not the test to decide whether he is necessary party or not...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Once it is established or Court is satisfied that party is necessary party to suit, it becomes question of law and said question can be raised for first time in appeal...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - In absence of necessary party, order passed is nullity and does not have binding effect...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Right of necessary party to contest suit does not depend upon mercy of contention taken by defendant that suit is bad for no, joinder of necessary party - Whether person is necessary party or not is question of fact depending upon relief claimed in suit - Failure of defendant to take contention that party is..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Suit for declaration of status - Illegitimacy of child sought to be declared - Father filed suit to declare that he is not father of child - Child alone will be person affected by declaration if it is granted - Thus, child is necessary party to suit - Without child on party array its paternity and legitimacy..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand for de-novo trial - Suit for declaration regarding illegitimacy of child sought by father decreed without child array as party to suit - Re-trial of case is considered as trial is held and evidence including DNA profile report let without child being array as party - Child should not be compelled to be bound by..........
Civil Procedure Code, 1908, Section 35, 35A -- Costs - Matter is posted for reporting compliance by High Court - Court imposed Rs.25,000 as Costs in order to make respondents wake up from slumber, as they are sleeping over the matter and not complying with the order of High Court...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for cancellation of sale deed and permanent injunction - Amendment sought at the stage of defendant's cross-examination - Suit filed in 2008 - Defendant seeking amendment to incorporate the incident of 2016 in 2017 - He failed to explain inordinate delay of over a year in seeking..........
