Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Exclusion of one property - Property in question is in exclusive possession of defendant no.13 - It is a long and continuous possession from the date of purchase in the year 1977 and 1983 - Mutation of records stands in the name of defendant no.13 - More so, claim of plaintiff in respect..........
Evidence Act, 1872, Section 118 -- Child witness - Recording of evidence - Before recording evidence of a minor, it is duty of Judicial officer to ask preliminary questions to him with a view to ascertain whether minor can understand the questions put to him and is in a position to give rational answers...........
Civil Procedure Code, 1908, Section 152 -- Modification of preliminary decree - Once preliminary decree is merged in decree of appellate Court, trial Court has no jurisdiction to modify or amend preliminary decree...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Permission to file - Rejoinder filed alongwith the application - Possibility of establishing new case and changing nature of suit not visible - As litigation is still at its preliminary stage as such no adverse affect would take place to the interest of parties, if such rejoinder is taken on record - Order allowing..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Can be varied in final decree proceedings at the request of party, where law governing the parties has been amended before conclusion of final decree proceedings...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Preliminary inquiry - When in the opinion of Court there is enough material to initiate proceedings, there is no need to conduct preliminary inquiry...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - No statutory requirement that Court should give opportunity of hearing to accused before filing a complaint nor it is necessary that a preliminary inquiry is to be held mandatorily...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Preliminary inquiry - At the stage of preliminary inquiry, exercise of investigative powers being barred, such an inquiry is intended to facilitate process of formation of opinion as to whether FIR at all is required to be registered...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Petitioner intentionally made a false statement on oath before a Court of law - Merely because no preliminary inquiry was conducted it would not in any manner vitiate the trial - Since petitioner belongs to lower strata of society and his whole family is dependent upon him, sentence awarded to him is reduced to S.I of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, Criminal Procedure Code, 1973, Section 154, 156 -- Applicability - Ss.18 and 18A of the Act exclude any preliminary inquiry before registration of a First Information Report contrary to the provisions contained in Ss.154 and 156 Cr.P.C. - Section 19 of the Act excludes the..........
