Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment allowed subject to cost - Cost accepted - Party cannot thereafter approach Court on another day and state that he is not inclined to receive the costs and seek permission to file an appeal against the order...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Detention in civil prison - Violation of decree of injunction - Executing Court passed the detention order without issuing notice or affording any opportunity of hearing to JD - Such an order which entails deprivation of personal liberty is in clear violation of principles of natural justice - Failure to follow..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Suspension of sentence of conviction - Contraband - Body of appellants and thereafter vehicle were searched - Such search was stated to be done in presence of Gazetted Officer - But said Gazetted Officer was not examined as a witness nor his presence..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit filed against dead person - Order allowing substitution of LRs of deceased defendant set aside...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Earlier marriage of wife with one `M' is an admitted position - Wife could not adduce sufficient evidence in support to show that said earlier marriage was lawfully dissolved and that she is no longer his legally wedded wife - Reference to affidavit in..........
Indian Penal Code, 1860, Section 295A -- Offence u/s 295-A IPC - In order to bring a case within the purview of S.295-A IPC manner of publication is to be seen - Words published must be such as are bound to be regarded by any reasonable man to be offensive and provocative and made with intent to maliciously and deliberately outraging feelings of any class of citizens of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210 -- Cognizance of offence - Cognizance order must be passed in accordance with law, as cognizance is the base of a criminal case...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Act of petitioner demanding money back or keeping motorcycle of deceased with him cannot be said as an overt act in the nature which led deceased with no option but to commit suicide - Order framing charge set aside...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of proceedings - In a petition where quashing of FIR is prayed for, High Court should not have passed an order directing I.O. to comply with S.41-A Cr.P.C. because it indirectly amounts to granting a relief which High Court could have considered only if a prima facie case for quashing of FIR is made out...........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - If the provisions of Chapter X Cr.P.C. containing S.133 Cr.P.C. is not followed in the manner as prescribed, then a final order, even if well meaning, cannot be allowed to stand by mere fact that it is well meaning...........
