Criminal Procedure Code, 1973, Section 482 -- Witness summoned to prove the age - Document is on record after the person was duly examined as a witness - However the order on the basis of which the document was placed on record, now stands set aside - Applicant for summoning the witness was rightly allowed by trial Court and there was no occasion for High Court to set..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Cancellation of fair price shop license - Appellant appointed as fair Price Dealer during pendency of proceedings - Even, if a subsequent allottee does not have an independent right, he/she still has a right to be heard and to make submissions defending order of cancellation - Appellant thus,..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Accused convicted on the basis of medical evidence - Accused will have the right to controvert and have the right to breach veracity of medical evidence which has been relied upon to order their conviction - It cannot be said that evidence ought to be brought on record is irrelevant -..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Cause of action on which suit is filed by plaintiff is quite different than cause of action on which defendant intended to file counter claim - Counter claim if permitted would change the nature of suit - Order refusing to file counter claim is proper...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband contended that wife is guilty of parental alienation and is in violation of order passed by Apex Court - Contention rejected, as said issue is not subject matter of lis before this Court and any alleged violation of Apex Court order, cannot be a matter of adjudication before this Court...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Wholesale remand without framing any issue and without application of mind, is not permissible - Order of remand set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - Fine forms part of sentence when Court imposes imprisonment and fine - In such cases, Court has to order payment of compensation from amount of fine as provided u/s 357(1)(b) Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW9 for cross-examination - Rape case - Opportunity to cross-examine PW9/principal of School of victim could not be availed due to unavailability of counsel of accused - However, counsel for accused should have remained present on the date fixed for cross-examination of PW9 - Neither it is mentioned in the order nor..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - It is only if a party is a necessary or a proper party that they can be directed by Court to be joined in the proceedings - If a person is not found to be a necessary or proper party, Court has no jurisdiction to order impleadment against the wishes of plaintiff...........
Civil Procedure Code, 1908, Section 64, Order 21, Rule 52 -- Execution - Attachment of property - Property in question mortgaged subsequent to date of attachment order of Court - Therefore, any payment to JDs of any debt, dividend or other monies contrary to such attachment shall be void as against all claims enforceable under attachment - Garnishee bank directed to..........
