Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Documents not filed alongwith written statement - Allowed to be filed after closure of evidence by defendant - Documents were certified copies of judgment and decree passed by Civil Court in previously instituted suit between the same parties which are per se admissible in evidence and same..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Rejection of irrelevant or inadmissible documents - There is a difference between relevance of a document or its admissibility or inadmissibility - Court may reject a document if it is not relevant to the matter in controversy but so far as admissibility is concerned, an objection against admissibility should be decided as..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - If defence raised by defendant is extremely vague, opaque and ambiguous, then it is duty of Court to turn down the said defence and based on admitted documents, pass a judgment on admissions...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - While passing an order U.O.12.R.6 CPC, Courts have not only to scan the pleadings of parties, but also take into consideration any document or statement on record, which can even be de hors the pleadings...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Partition suit - Defendants pleaded that their father executed Will in favour of his second wife/mother of defendants bequeathing all his properties - Details of said Will not furnished by defendants - Plaintiff on the other hand brought to light a registered Relinquishment deed executed by defendants..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Material witness can be summoned even after hearing final arguments and case is posted for judgment - Court can recall material witness for examination for fair and just decision...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - If defence raised by defendant is extremely vague, opaque and ambiguous, then it is duty of Court to turn down the said defence and based on admitted documents, pass a judgment on admissions...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - While passing an order U.O.12.R.6 CPC, Courts have not only to scan the pleadings of parties, but also take into consideration any document or statement on record, which can even be de hors the pleadings...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Partition suit - Defendants pleaded that their father executed Will in favour of his second wife/mother of defendants bequeathing all his properties - Details of said Will not furnished by defendants - Plaintiff on the other hand brought to light a registered Relinquishment deed executed by defendants..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Death of patient - Error in judgment of doctor - Does not come within rash and negligent act contemplated u/s 304-A IPC - No offence made out against doctor - Proceedings qua doctor quashed...........
