Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Husband and in-laws demanded dowry from the date of marriage itself - Wife was beaten by husband and her in-laws - Allegations of marpeet is on record - But no medical reports have been filed - I.O conducted investigation and proved the documents on record - It is..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Production of documents - Documents in question relates to the year 2015 and plaintiff filed the application after a delay of 7 years when the matter was fixed for final arguments - Plaintiffs just want to delay the proceedings - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 14(3), 151 -- Production of documents - Document sought to be filed after 20 years - No proper reason assigned by plaintiff as to why he did not file document at the earliest point of time - Leave to file document will not be granted for mere asking - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - It is not permissible for a person to straightaway approach Magistrate by filing a petition u/s 156(3) Cr.P.C - There has to be prior application u/ss 154(1), 154(3) Cr.P.C and such fact has to be stated clearly in the petition along with necessary documents supported by an affidavit...........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Production of documents - Title suit - Plaintiff is praying for admitting document in evidence to show that there was a criminal case between parties due to dispute relating to suit land and a proceeding u/ss 144, 145 Cr.P.C had also been initiated involving suit property - Documents are certified copies and its authenticity..........
Service -- Armed service - Dismissal - Appellant was commanding the force operating over a large area including where Jerry canes of controlled substances allegedly moved from Indian side to Pakistan side - However, actual manning of area is by subordinate personnel of force - Subordinate personnel have been adjudged guilty indicating their active involvement - No direct..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For deciding application only averments made in plaint and documents produced along with the plaint are required to be seen - Defence of defendants cannot be looked into...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Documents sought to be produced not filed alongwith written statement as it was misplaced and was traced out recently - Lenient view should be taken when an application is made for production of documents U.O.8.R.1-A(3) CPC - Application rightly allowed...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Certified copies of documents, which form part of judicial record, sought to be produced by plaintiff - Relevancy and evidentiary value of documents shall be gone into by trial Court at the time of final arguments - Application allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Orders/judgments passed by Revenue Court placed on record by defendants - Orders/judgments passed by Courts are public documents and same though placed on record by defendants, can definitely be considered while deciding application U.O.7.R.11 CPC...........
