Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff led evidence on those issues also the burden of proof of which was on the defendants - Since burden is on defendants in relation to certain issues, plaintiffs have every right to reserve their right to adduce evidence in rebuttal...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - If party leading evidence gives intimation to Court by filing memos about its intention to adduce evidence in rebuttal, Trial Court can exercise power flowing from O.18.R.3 CPC - Trial Court has equipped with power to entertain such memos for exercising power U.O.18.R.3 CPC...........
Civil Procedure Code, 1908, Section 34, Interest Act, 1978, Section 3(3) -- Interest - Interest upon interest or compound interest - Courts are not entitled to award interest upon interest unless specifically provided either under any statue or under the terms and conditions of contract...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of landlord - Substitution of LRs - Eviction suit - Tenant has no locus standi to aver as to who would be LRs of plaintiff/landlord - Said averment/objection if any can be raised by aggrieved LRs only...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of landlord - Substitution of sisters of landlord - One of sisters of deceased plaintiff had earlier moved an application U.O.1.R.10 CPC for impleadment which was rejected - Once application for impleadment by one of sisters having been rejected, it cannot be held that other sister would fall in the category of LRs of..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of landlord - Substitution of sisters of landlord - Estate of plaintiff/landlord would be represented by his first class heirs which undisputedly would be his wife, son and daughter - Tenant could not point out any provision of law which prescribes for sisters to be LRs even where first class heirs of a deceased..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Wrong finding of fact is not sufficient to constitute a question of law...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22 -- Bail - Contraband - Petitioner has undergone a substantial period of custody - Rigors of S.37 of NDPS Act, can be diluted to an extent in view of salutary provision of the Art.21 of Constitution - Moreover, co-accused has been granted concession of bail -..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 406, 467, 468, 471 -- Cancellation of anticipatory bail - Cheating - Forged documents - Veracity and authenticity of documents alleged to be forged were to be ascertained by I.O. - Charges were framed against accused - Custodial interrogation of accused not required - Anticipatory bail..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21B, 29 -- Bail - Contraband - Petitioner is behind the bars since 1 year 2 months and 12 days - trial of case is likely to take long time to conclude as out of total 17 PWs, none has been examined so far - Further incarceration of petitioner without there being the..........
