Where there are ample facts and circumstance before the Court as pointed out in support of the genuine­ness of this partition deed and where this par­tition deed came before the Court from the cus­tody of the contesting defendants the heirs of one of the executants of this partition deed itself it cannot be said that this partition deed did not come before the Court from the proper custody and, as such, taking of this partition deed into evidence and making of the same as exhibit has been illegal……………….....(15). 

The proceeding of Contempt Court –

If any person undermines the authority or lowers the dignity of the Court, or if any person scandalizes the Court or any Judge or interferes with the administration of justice, or if any person makes comments calculated to undermine public confidence in the Judges and the justice delivery system, the Court has power to draw a contempt proceeding……..(3)

Excessive authority, without liberty is intolerable, but excessive liberty, without authority and without responsibility, soon becomes equally intolerable. The administration of justice suffers from the intractable complexity of modern society, which should be known to all who are involved in the justice delivery system……………(7) 

When a supplementary charge-sheet is submitted on the basis of fresh evidence

Under normal circumstances, if on the basis of fresh evidence a supplementary charge-sheet is submitted, for example by adding name of accused person (s) who had not been included in the initial charge-sheet, there would be no questioning the legality of the sup­plementary charge-sheet………...(11)

Although the initial charge-sheet was sub­mitted against only one accused person, upon finding prima facie evidence against him, he still remains an accused in spite of the so called "reinvestigation" of the case whereby the peti­tioner before us has been additionally named an accused, prima facie evidence having been found against him in the subsequent investiga­tion. ...... (14)

The investigating officer does not require any permission from the court concerned for further investigation and hence after comple­tion of further investigation filing of supplementary charge-sheet does not suffer from any illegality...(17) 

When addi­tional evidence sought to be adduced.

It is well established that Order XL, rule 27, CPC does not confer a right on the party to produce additional evidence. The need for additional evidence must be felt by the Court itself, if the Court hearing the action requires any document so as to enable it to pronounce judgment, it has the jurisdiction to permit additional evidence to be produced.

When evidence was not adduced by the defendant at the trial stages, at the appellate stage he cannot claim as of his right, an opportunity to adduce evidence…...............(21) 

The Petition is dismissed.

Fact to prove

Under section 106 of the Act when any fact is especially within the knowl­edge of any person the burden of proving that fact is upon him. This principle has been applied in many cases where the wife has been found killed in the house of the husband where they reside together. In such circumstance, the husband will have to prove by positive evi­dence that he was absent from the house when his wife was killed or explain by evidence how she came to meet her death.....(19) 

A Martial Law Court will take cognizance only on a police report.

A case from an ordinary criminal court could be transferred to a Martial Law Court only by the Government under Regulation 3(2) of M.LR. No.1 of 1975….(3)