Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Withdrawal of suit - Recall of order - Court can invoke its inherent powers u/s 151 CPC and can set aside the order permitting withdrawal of suit if it is proved that the party had not given any instructions to his counsel to withdraw the suit or that there was no such settlement out of Court and that the party..........
Indian Penal Code, 1860, Section 307, 323, 324, 427, 506 -- Attempt to murder - Respondents were to resume their possession over the chak allotted in their favour - It also comprised the land of informant - Informant party was not willing to part with the possession of land - As such, there was a clash, which resulted in injury on both the sides - Held, injuries were so..........
Indian Penal Code, 1860, Section 302, 323, 147, 149 -- Murder - Appeal against Conviction - Accused acquitted - Allegation that, due to enmity between parties, accused persons came with blunt weapon at the place of incident & inflicted injuries on complainant party as a result of which one person died - Neither any blood oozed out from body of deceased nor any blood..........
Evidence Act, 1872, Section 114 -- Party not appearing in the witness box as his own witness and not offering himself to be cross examined by the other side - A presumption arises that case set up by him is not correct...........
Service -- Retiral dues - Delay & laches - Claim of retiral dues after 17 years of retirement - Courts below having raised presumption of no, service of cheque allowed claim of respondent without considering question of limitation or delay and laches - Held, impugned order liable to be set aside - Matter remanded to High Court for fresh adjudication with direction that it..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10, Family Courts Act, 1984, Section 7 - - Impleadment of a party - Petition filed by wife against husband in Family Court for partition and separate possession - Daughter seeking impleadment by claiming that gift deed has been executed in her favour by her mother - Held, since dispute is between husband and wife as..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - At a time, not more than one set of interrogatories to the same party be given - However, on justifiable reasons other set also can be delivered, subject to permission of Court - Permission has to be given liberally but care has to be taken that it is not misused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 55, 57 -- Contraband - Delay of about two months in sending sample for chemical examination - Prosecution failed to give any explanation for withholding sample for such a long time - No genuine effort was made by police party to join any independent witness - Recovery was effected from scooter being driven..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application for additional evidence must be taken up alongwith appeal - If Court finds that a party has a good reason to produce additional evidence, Court has two options: (i) to allow additional evidence to be brought and if it refers to any document, consider the same if it did not..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 19 -- Written statement - Amendment - Sought due to impleadment of party being necessary party - He does not set up title adverse to first appellant or not claiming independent title - Amendment sought not going to change character of suit for specific performance - Amendment allowed...........
