Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - No pleadings in relation to document sought to be produced by plaintiff, in the plaint - In the absence of any such pleading, said document cannot be introduced by taking resort to provision of O.7.R.14(3) CPC - Application rightly rejected...........
Evidence Act, 1872, Section 90 -- Gift deed more than 30 years old - Document is in the handwriting of executant - However, original gift deed is not produced before Court by defendant - Plaintiff thus, lost his chance to question the genuineness and veracity of gift deed and parties did not know whether gift deed was in handwriting of executant...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Application filed after conclusion of evidence of plaintiff without disclosing in the application as to why those documents could not be produced earlier - Application rightly rejected - However, since family Court has closed the right of plaintiff to cross-examine the witnesses of defendant, one..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Demand was for Rs.10,000 but PW1 arranged the amount of Rs.5,000/- which was placed on the table - Appellant did not handle the amount - No explanation given as to why Rs.5,000 was accepted when demand was for Rs.10,000/- - Version given by appellant at the..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced were all along in the public domain and if petitioners were diligent, they could have brought these documents at the very beginning before trial Court - Documents have been brought only to fill the lacunae in the case of petitioners - Application..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Plaintiff asserts that defendant had constructed over his land and defendant denied this fact - There is no dispute regarding boundary or identity of land - Parties have adduced evidence - Defendant has also produced a demarcation report - Justification for seeking demarcation through Local..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Oral evidence of eye witnesses - There is not even a whisper about the alleged eyewitnesses joining the investigation - Said witnesses were apparently ghost witnesses who neither had their statements recorded by I.O u/s 161 Cr.P.C. nor were they produced by prosecution before Trial Court - Similarly, no attempt..........
Will -- Suspicious circumstances - Original Will has not been produced on record, nor any permission to adduce secondary evidence has been sought - Will discarded...........
Indian Penal Code, 1860, Section 457, 380 -- Offence u/s 457, 380 IPC - All the eye witnesses unequivocally admitted that none of them have seen the petitioner committing the crime - Petitioner and co-accused were arrested on the grounds of suspicion - While they were in the police custody, they purportedly admitted their guilt and led the police to their house and led to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29 -- Contraband - Prosecution has not produced independent eye witnesses of alleged recovery and even no explanation has been offered by prosecution for their non-production - All the witnesses are police personnel - Non-production of independent eye witness is serious lacuna which has made the..........
