Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - Cannot be set aside merely on the ground that minor has not been represented except in circumstances where prejudice has resulted consequent upon non-representation of minor by guardian appointed by Court...........
Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - Setting aside - If minor is able to demonstrate negligence of party, who litigated issue encompassing minor's interest, substantial representation of minor's interest is still open for challenge in view of O.32.R.3-A CPC - This ground is available to minor even if minor has been represented by a..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Change of counsel - Not a ground for recall of witnesses - Application rightly rejected...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Ground taken in review application virtually constitutes an attempt to re-argue the matter which cannot be done in the garb of review...........
Evidence Act, 1872, Section 3 -- Related witness - Testimony of a witness cannot be disbelieved merely on the ground that he is a related witness - Unless and until witness is an interested witness, his testimony cannot be discarded...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Application for grant of divorce is filed within 4 months of desertion by wife - Petition not maintainable on the ground of desertion...........
Service -- Misconduct - Dismissal - Respondent was a constable in CISF allegedly abused, misbehaved and assaulted the officer on right shoulder with lathi - No indulgence or latitude can be granted when case is of violence and assault on the officer who had checked and reprimanded respondent - Respondent had not even expressed any remorse or pleaded a good ground for..........
Service -- Compassionate appointment - Children born from second wife - Cannot be excluded from consideration for appointment on compassionate ground...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Suit was pending from 2009 and application in question was filed in 2017 - Defendant admitted that documents sought to be brought on record were obtained by him in 2012 itself - No disclosure made by defendant in application as to why documents could not have been brought on record at earlier..........
Criminal Procedure Code, 1973, Section 439, 167(2) -- Default bail - Strict rules of pleadings not applicable in bail petition - Even if a ground for grant of bail is not taken in the bail petition and not argued by the counsel for the accused, Court is not deprived of releasing the accused on bail on such ground if it is legally sustainable...........
