Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Documents sought to be marked as additional evidence are not new documents - By marking of these documents, nature or course of case will not be altered - Documents have not been produced before trial Court due to inefficiency or inadvertence of person who conducted the case -..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Court may exercise its discretion and permit filing of counter claim after written statement, till the stage of framing of issues - In exceptional circumstances, subsequent filing of counter claim may be permitted till the stage of commencement of recording of evidence on behalf of plaintiff...........
Transfer of Property Act, 1882, Section 45 -- Joint ownership - Presumption of ownership - Predecessor of plaintiffs and defendants are brothers - They proposed to purchase property together - Subsequently, predecessor of plaintiffs retracted and was not interested to purchase property due to funds crunch - Predecessor of defendants alone paid entire consideration - Since..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Cannot be appointed for purpose of collecting evidence...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - A person having relevant evidence may be a necessary witness and he cannot be termed as a proper party...........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - At the evidence stage - Plea of defence that complainant trying to fill up lacunae - Not tenable as concept of filling of lacuna is not available against prosecution at the stage of evidence - Concept of lacunae in the case of prosecution is a post evidence concept - Moreover, it is available at the stage..........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Requisite criteria for Courts to exercise its discretion u/s 311 Cr.P.C. is whether evidence/documents sought to be brought on record are essential for just decision of the case or not...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65B -- Dishonour of cheque - Computer generated invoices - Certificate u/s 65-B of Evidence Act not produced which was incumbent upon complainant to produce certificate as required u/s 65-B of Evidence Act and to examine the Accountant - Merely because in the income tax record, complainant firm has..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of the punishment, which conviction will entail, character of the accused, circumstances which are peculiar to the accused involved in that crime...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Investigation complete and challan filed - Nothing remains to be recovered - No fruitful purpose would be served by keeping accused behind bars for an indefinite period especially when he has already suffered approximately for four months - Guilt, if any, of the accused is yet to be determined in the totality of evidence..........
