Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Husband filed divorce petition on basis of marriage being valid - However, by way of amendment husband sought additional grounds and plea of marriage declared to be void - Application does not seek amendments to be as alternative reliefs but as substantive prayers but without deleting earlier ones -..........
Criminal Procedure Code, 1973, Section 133, 138(2) -- Order passed u/ss 133, 138(2) Cr.P.C - Writ petition - Maintainability - Generally, an alternative revision mechanism is available against an order u/s 133 Cr.P.C passed by Magistrate - However, it does not create an absolute bar in invoking writ jurisdiction of High Court u/art 226 of Constitution...........
Criminal Procedure Code, 1973, Section 133, 138(2) -- Order passed u/ss 133, 138(2) Cr.P.C - Writ petition - There is no allegation with respect to violation of principles of natural justice - Even, petitioner could not establish her case with support of any documentary evidence, Court cannot go much beyond pleadings - Since order passed u/ss 133, 138(2) Cr.P.C after..........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 227 -- Rape - Discharge - Prosecutrix made a consistent case in her complaint and statement recorded u/s.164 Cr.P.C. that accused under the pretext of promise to marry continued to have sexual relationship with prosecutrix despite knowing from inception that inter-caste marriage was not..........
Indian Penal Code, 1860, Section 328, Criminal Procedure Code, 1973, Section 227 -- Administration of stupefying substance - Discharge - Nothing on record substantiates the claim of the prosecutrix that she had been administered any stupefying or unwholesome substance to attract the offence of S.328 IPC - Order of discharge for offence u/s 328 IPC upheld...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte ad interim injunction - Non-compliance of provision of O.39.R.3 Proviso (a), (b) CPC - If Court is satisfied of non-compliance by applicant with provisions contained in proviso then on being so satisfied would simply vacate ex parte order of injunction without expressing any opinion on merits of case leaving it open..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioners were not named in the FIR - Prosecution has not produced proper and sufficient evidence on the basis of which petitioners could be called by Court to face trial in the case as co-accused, rather it ought to have waited for some other cogent evidence of fact which could easily..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Ad interim injunction was in favour of plaintiff for almost 22 years from 2002 to 2024 - Suit has been now dismissed by trial Court - Order of status quo rightly passed pending appeal...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Order of appointment of Local Commissioner - Challenge as to - Once JD in pursuance of order allowing appointment of local commissioner appeared before Local commissioner and made her submissions, she was estopped from assailing the same after report was submitted by said Local Commissioner - Order of appointment of Local..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Order of appointment of Local Commissioner - Challenge as to - Objections filed at the instance of JD to report of Local Commissioner were dismissed - Appointment of local Commissioner is merely for the purpose of assistance to Court and its relevance need to be discussed and deliberated upon during course of proceedings on..........
