Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Relationship of landlord and tenant denied - Amendment sought that on discovery of additional evidence and material that one `A' was merely a permissive occupier in one of the Dags and sought leave to explain the nature of her possession and occupation - There is no inconsistency between the original..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Agreement to install rice plant - 75% work completed - Remaining work not done for want of payment - Dispute is of civil nature - No offence u/s 420 IPC is made out - Charge sheet and criminal proceedings quashed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment at appellate stage - Cannot be allowed when amendment sought will completely change the nature of the cause of action and would seriously prejudice the rights which have already accrued to the defendant...........
Civil Procedure Code, 1908, Order 37, Rule 1, 3 -- Suit for recovery on a document - Leave to defend - Dispute whether document is a guarantee bond or merely an indemnity bond - Court required to consider the nature and meaning of the document - Held, this in itself is sufficient to grant leave to defend...........
Indian Penal Code, 1860, Section 420, 120B -- Complaint - Cloth purchased and price agreed to be paid afterwards but the same not paid - Dispute is of civil nature - It is a business transaction and the real dispute between the parties is regarding the payment of the goods taken - Complaint is filed only with mala fide intention to harass the petitioners and to extract..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Proceedings u/s 125 Cr.P.C. are quasi civil and quasi criminal in nature...........
Criminal Procedure Code, 1973, Section 133 -- Proceedings are in nature of summons case - Party No.1 not leading any evidence - Evidence adduced by party No.1 in rebuttal of evidence adduced by party No.2 - Held, such evidence is of no effect since proceedings are not civil proceedings - Proceedings vitiated for non-compliance with summons procedure - Order of demolition..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issues - Issues as regards to limitation, maintainability, court fee and res judicata can be treated as preliminary issues even when evidence of formal nature is required to be led...........
Consumer Protection Act, 1986, Section 21 -- Complaint - Insurance claim - Repudiation - Complex issues of law and facts - A great deal of evidence both oral and documentary will have to be led which will be a prolonged affair - National Commission in summary jurisdiction cannot decide such cases of extreme complexity in nature - Complaint dismissed - This will, however,..........
Criminal Procedure Code, 1973, Section 340, 195 -- Fabrication of document in proceedings before Civil Court - Section 340 Cr.P.C. is applicable irrespective of fact whether proceedings are of Civil or of Criminal nature - S.340 Cr.P.C. is applicable even to the Revenue Courts...........
