Civil Procedure Code, 1908, Order 6, Rule 17.O -- Amendment of written statement and further to raise counter claim - Application filed after six years of filing of written statement when evidence of plaintiff was almost over - Defendants were very much aware of such facts at the time of filing written statement - Proposed amendment not necessary for determining real..........
Civil Procedure Code, 1908, Order 6, Rule 17.O -- Impleadment of a party - Consequential amendment in the plaint/cause title can be made - For such consequential amendment in the body of suit/cause title, no formal application U.6.R.17 CPC is required...........
Criminal Procedure Code, 1973, Section 173(2), Kerala Anti Social Activities (Prevention) Act, 2007, Section 2(o), 3 -- Preventive detention - Subjective satisfaction - Police classifying detenu as `known goonda' after registration of various cases - However, such subjective satisfaction must be recorded by detaining Authority after examining final report of I.O. along..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2.O -- Temporary injunction and appointment of receiver - Property ordered to be put on public auction by appellate Court in an appeal against order granting temporary injunction and appointing receiver - None of the parties did suggest the disposal of suit property by public auction - Neither any exceptional circumstances nor..........
Civil Procedure Code, 1908, Order 9.O -- Restoration of suit dismissed in default - Sufficient cause for no, appearance refers only to date on which absence was made as a ground for dismissal of suit - It cannot stretch to circumstances anterior in time - Since restoration application was filed without any delay, absence of plaintiff on the earlier dates of hearing, if..........
Civil Procedure Code, 1908, Order 17, Rule 2, 3.O -- Pending suit - Adjourned to next date - For decision on one issue - Failure on part of plaintiff to come present on the adjourned date - Dismissal of suit by Trial Court - Is in exercise of powers under O.17.R.2 and not under O.17.R.3 - Since no notice of final disposal was issued to plaintiff - Application for..........
Criminal Procedure Code, 1973, Section 154, 156, 157, 2(o) -- FIR - Head constable who is next in rank to Sub Inspector and is above rank of Constable, is deemed to be officer-in-charge of police station in absence of Sub Inspector, and as such he is competent to register FIR, make investigation and submit his final investigation report to Magistrate - Objection regarding..........
Criminal Procedure Code, 1973, Section 154, 2(o) -- FIR - Constable has no authority to record FIR - An officer in charge of police station or police officer who is next in rank to such officer alone can record FIR disclosing cognizable offence...........
Criminal Procedure Code, 1973, Section 200, 156(3), 2(o), 2(s), 173, 204 -- Custodial death - Complaint against police - Magistrate directing Corps of Detectives to investigate - Though Magistrate has no power to direct COD to investigate however investigation made by COD in case of custodial death is as per standing order of Government - Cognizance taken on report filed..........
