Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Wife received the summons of divorce proceedings and also filed reply under her own thumb impressions - She consciously signed agreement for divorce by mutual consent whereafter notices of divorce were served upon wife - Wife cannot now be permitted to change her stance..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought will enable a comprehensive adjudication - There will be no change in nature of suit - Evidence yet to begin and trial is at initial stage only - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Addition of two prayers in the relief clause - Pleadings in this regard already incorporated - Change in prayer clause not barred by O.6.R.17 Proviso CPC - It does not amount to change of nature of suit - Amendment rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought by plaintiff is contradictory in nature as compared to original plaint - Plaintiff by way of proposed amendments was making out a case which he should have made out in the first place while filing plaint and now suit was at the stage of taking of evidence - If amendment of plaint is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Common passage - Came into existence on basis of an agreement between parties - Both the sides therefore, not entitled to change the size or nature of passage - Trial court directed to record evidence and decide suit and till then passage shall be kept free from all obstructions...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Second application after rejection of first application without there being any change of circumstances - Such practice deprecated...........
Criminal Procedure Code, 1973, Section 482, 209, 465, Mines and Minerals (Regulation and Development) Act, 1957, Section 21, 23, 4(1) -- Quashing of criminal proceedings - Application for - Allegations of illegal export of iron ore - Appellant challenging order of cognizance of offence under MMDR Act after lapse of 2 years without giving reason to explain inordinate delay..........
Constitution of India, 1950, Article 366(24) -- Conversion to another religion - Change of Caste - Expression Scheduled Caste is defined in Art.366(24) of Constitution to mean such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed u/art.341 of Constitution to be Scheduled Castes - That conversion from one religion to another..........
Evidence Act, 1872, Section 73 -- Comparison of Signature - Photostat copy is a copy taken from mechanical process - Mechanical process does not show accuracy on account of blurred signatures/defective photo copying - Therefore, such comparison is impermissible under law as there is every possibility of change of signatures due to passage of time and there is every..........
Criminal Procedure Code, 1973, Section 439(2) -- Fifth bail application - Bail granted - Cancellation of bail - Bail granted by holding that no overt act is assigned to accused whereas there is specific allegation that accused actively aided the commission of crime by furnishing information about movements of deceased - High Court failed to consider seriousness and gravity..........
