Civil Procedure Code, 1908, Section 153, Order 6, Rule 17 -- Plaint - Amendment - Primacy of provision of S.153 - Held, as regards S.153 of the Code of Civil Procedure, 1908, it needs only to be observed that it being body of the Code it is to be read in more general terms in conjunction with the proviso to R.17 of O.6 of the Code framed to regulate the procedure, but in..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 15, Rule 1 -- Consent decree - Appeal - Maintainability - Held, Sub-section (3) of S.96 of the Code enunciates a salutary principle of drawing to a close, once and for all, further litigation arising from out of a decree passed with the consent of the parties - The litigative zeal of the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(2) -- Dishonour of cheque - Issuance of summoning order - Validity - Plea that Magistrate did not comply with provision of S.204(2) of Cr.P.C. before issuing summoning order - Held, said provision does not create a bar while passing order for summoning accused - It creates a bar only..........
Indian Penal Code, 1860, Section 299, 300 -- Murder or culpable homicide not amounting to murder - Single injury - According to prosecution, deceased suffered a single injury on the back of his head and that too by a blunt weapon like lathi - Held, a single injury caused by lathi, which had resulted merely in a linear fracture, cannot be held to be so "imminently dangerous..........
Criminal Procedure Code, 1973, Section 91 -- Production of document - Court has power to require any person in whose possession any document is believed to be, which is required for trial of the case, to attend and produce such document, but the Section nowhere empowers the Court to compel an accused to produce any evidence against him...........
Criminal Procedure Code, 1973, Section 233(3) -- Production of documents - Refusal - Validity - Two applications relating to the calling for the original Note Book of Sonu (deceased) and sending the Mobile Set for forensic examination - Court refused to consider only on the ground that petitioner did not raise his grievance with regard to aforesaid matter in Cr.Misc...........
Indian Penal Code, 1860, Section 304(Part II), 323 -- Culpable homicide not amounting to murder - Simple hurt - Proof - There was a fatal single blow on the head caused by accused with the knowledge that it is likely to cause death, but without any intention to cause death or such bodily injury is likely to cause death and further that accused `K' had dealt Danda blow on..........
Criminal Procedure Code, 1973, Section 190, 200 -- Private complaint - Cognizance of offence - Procedure to be followed - Whenever a private complaint is received by a Magistrate, he is placed under obligation to record the sworn statement of the complainant - Whatever may be the extent of application of mind to the facts of the case, recording of statement is treated..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence - Powers of appellate Court - Exercise of - Held, appellate Court may either record further evidence itself or direct it to be taken by trial Court - For permitting additional evidence at the stage of hearing of appeal, appellate Court needed to satisfy that additional evidence that was sought to be adduced..........
Criminal Procedure Code, 1973, Section 482, Customs Act, 1962, Section 110, 111, 135, Indian Penal Code, 1860, Section 379 -- Quashing of complaint - 79 gold biscuits of foreign markings were recovered from the possession of petitioner - Held, mere possession or dealing with such gold, in any manner, is an offence punishable under the Act - Whether the gold biscuits were..........
