Civil Procedure Code, 1908, Order 26, Rule 1, Evidence Act, 1872, Section 50 -- Suit for partition - Issue is whether the relationship between the deceased `D' and the plaintiffs' mother can be presumed to be a valid marital union, in the absence of formal documentary proof - The defendants, except for denying the marriage between the deceased `D' and the plaintiffs'..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power u/s 311 Cr.P.C. is discretionary power of Court and no party can claim it as of its right...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - If there is no substantive material and genuine reasons disclosed in application u/s 311 Cr.P.C. invoking power of Court under said provision and only to mention therein that since some very relevant questions were leftover inadvertently which are necessary to bring on record the witnesses may be recalled..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Application only mentions that evidence of PWs 1 to 5 is completed but some relevant and necessary questions are left over to be asked - Indubitably this is a vague application which nowhere mentions as to what significant questions are left over to be asked in cross-examination of said witnesses who are..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Before undertaking the exercise of considering whether a party is entitled to lead additional evidence U.O.41.R.27 CPC, it would be first necessary to examine pleadings of such party to gather if case sought to be set up is pleaded so as to support additional evidence that is proposed..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application for leading additional evidence has been considered by Appellate Court without examining the aspect as to whether additional evidence proposed to be led was in consonance with pleadings of defendant and whether such case had been set up by him coupled with the fact that..........
Civil Procedure Code, 1908, Order 15A, Rule 2 -- Arrears of rent - Quantum of rent disputed and hence dispute is as to arrears of rent payable - O.15-A.R.2 CPC casts an obligation on tenant to not only clear arrears of rent due till the date of fixation of rent but to clear all such arrears of rent which have fallen due after date of fixation of rent...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Merely because convicted person filed an appeal challenging his conviction, Court should not suspend operation of conviction and Court has a duty to look at all aspects including ramifications of keeping such conviction in abeyance...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Applicant has been convicted for charges u/ss 304, 307, 504 IPC and S.25 of Arms Act, which is not connected with his position as Clerk, nor it is an offence relating to moral turpitude - In case an order suspending conviction and sentence is passed, it would not violate any..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of a party - Even in an application U.O.1.R.10 CPC for addition of a party, O.6.R.17 CPC is required to be followed for the purpose of consequential amendment(s) - When main purpose is to bring change in the nature of relief in the suit, plaintiff ought to have stated..........
