Civil Procedure Code, 1908, Order 6, Rule 18 -- Amended plaint - Condition to pay Court fee not complied with - Plaintiff failed to make prayer for extension of time - On the contrary, defendants asked for deletion of amendment which was sought by plaintiff - Court rightly allowed the application - High Court declined to extend the period as order of paying Court fee..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for cancellation of sale deed - Amendment sought to incorporate relief of specific performance - Amendment sought by plaintiffs not barred by limitation, as when plaintiffs came to know about sale of suit property they filed suit in 2009 and application filed in 2012 is within three years of..........
Criminal Procedure Code, 1973, Section 31 -- Sentence - Conviction for two or more offences - High Court in revision maintained the conviction but found that order as to sentences to run consecutively not correct and ordered the sentences to run concurrently - Direction issued by High Court is in consonance with provision of S.31 Cr.P.C. which confer full discretion to..........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Standing Instructions 1, 2.2, 2.3 of 1989, Criminal Procedure Code, 1973, S.439 - Recovery of 214 kg Ganja in 107 packets - Bail - It is not known from which packet sample was taken out - There is thus, violation of 2.2 of Standing order 1/89 - Neither panchnama nor complaint nor remand report makes a mention about..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Permission sought to file single appeal against two decrees drawn in a consolidation of two suits - Appeal decided on preliminary objection without deciding application - Serious prejudice caused to appellant - Impugned order set aside - Matter remitted - High Court to decide application prior to deciding preliminary..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Compromise between parties - Nature of dispute is pre predominantly private - Compromise entered into voluntarily - Nature of offences is also not heinous - Fit case where extraordinary power u/s 482 Cr.P.C. can be exercised to secure..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- (As in P&H), S.96 - Appeal at the instance of a legal representative who failed to get himself substituted on death of a party - There is no abatement of case on account of failure to file an application by the legal representative due to the death of a party - Order dismissing appeal as not maintainable, set aside...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Dismissal of application by Sessions Court - Appeal lies against such an order - Petition seeking anticipatory bail from High Court not maintainable...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Closure of right of plaintiff to file affidavits of other witnesses - Case fixed first time for cross-examination of plaintiff witness - There was thus, no occasion to close right to file affidavit of other witnesses of plaintiffs in advance - Order of closure of right of plaintiff to file affidavits of other witnesses set..........
Civil Procedure Code, 1908, Order 16, Rule 1, 2 -- Summoning of witnesses - Suit for declaration that relinquishment deed is null and void - Summoning of stamp vendor and Sub Registrar, as witnesses, is necessary in order to ascertain the veracity of petitioner's stand - Application allowed...........
