Civil Procedure Code, 1908, Order 4A -- (as in U.P) - Consolidation of suits - Interconnecting interests in relation to three subject matter of suits in question - For an effective and expeditious disposal of suit and in order to avoid a contradiction in finding to be recorded by Court below, with regard to interest of parties to suit, same deserves to be consolidated and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plea of encroachment to an extent of 20 guntas sought to be amended by 30 guntas - Question of alleged encroachment and extent of alleged encroachment are issues to be decided at the stage of final disposal of suit - At the time of considering application for amendment, merits of proposed amendment..........
Civil Procedure Code, 1908, Section 96 -- Appeal against preliminary decree passed in partition suit - Stay of appeal till disposal of probate proceedings - No material on record to suggest that final decree is prepared as yet - Only preliminary decree is challenged under appeal - There is thus, no justification for staying further proceedings of appeal indefinitely -..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 364, 323, 34 -- Suspension of sentence during pendency of appeal against conviction - Murder - Case of accused is on identical footing with co-accused whose sentence already suspended - Strong grounds available to accused for challenging his conviction - Hearing of appeal not likely in near..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 259 -- Dishonour of cheque - Conversion of summons case to warrant case - Accused did not make any request for such conversion at commencement of trial - Even, there is no plausible explanation for the same - Conversion of summary trial as summons case to warrant case at this stage..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14, 3(2)(V), Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Special Court - Cognizance of offence - Offence u/s 3(2)(V) of SC/ST Act and Ss.302, 147, 148, 149 IPC - Special Court created u/s 14 of SC/ST Act is also conferred with power of Sessions Judge - Even if an offence is found..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Bail during pendency of appeal against conviction - Direction to deposit 20% of compensation amount - Accused does not have any source of income, as her financial condition is very weak - Husband of accused died, who was sole earning member of family - Accused..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-framing of issue with regard to S.53-A of T.P. Act - Courts below have not considered issue with regard to defence of defendant u/s 53-A of T.P Act, which is a mixed question of fact and law - Judgments of both the Courts below set aside - Matter remitted back to trial Court for fresh disposal in accordance..........
Civil Procedure Code, 1908, Order 21, Rule 35, 97 -- Execution - Warrant of possession - By breaking open the locks with police assistance - Time for execution of warrant was till 21.03.2020 - However, bailiff on 24.02.2020 broke open the locks without police assistance - Bailiff acted in due haste, possibly apprehending that an interim order may be passed by Court in a..........
Civil Procedure Code, 1908, Order 14, Rule 2(2)(b) -- Preliminary issue - O.14.R.2(2) CPC provides a window to a Court to dispose of a suit or a part of it on an issue of law provided Court is of view that such issue relates to jurisdiction of Court or relates to a bar in any law for time being in force - O.14.R.2(2) CPC facilities fast tracking disposal of a suit (or a..........