Civil Procedure Code, 1908, Order 8, Rule 6A, 6C -- Separation of counter claim from main suit - Claim and counter claim is regarded as a unified proceeding and the same is to be disposed of by a singular judgment, both on the original claim and on the counter claim - However, U.O.8.R.6-C, Court has power to exclude the counter claim and order defendant to file an..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 201, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder - FIR contains serious allegations against accused - Accused cannot claim parity with co-accused since allegations in FIR and material that has emerged from..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-consideration, failure or mis-appreciation of an issue may not be a ground to order remand of case, when evidence on record is sufficient for determination of issue by appellate Court. `(Para 4)..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Remand of a case either to fill lacuna in evidence or in the case set up or failure to adduce evidence cannot be a ground of remand, when dispute was within knowledge of parties and proceeded or defended suit with that knowledge - But, when there is denial of sufficient opportunity to adduce evidence resulting..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Re-examination of a witness - During cross examination of witness a request was made to re-examine the witness but trial Court observed that the same shall be allowed only if an application qua the same is moved - Impugned order allowing re-examination of witness calls for no interference as reasons given in the application..........
Criminal Procedure Code, 1973, Section 202, 482 -- Issuance of process - Quashing of summoning order - No detailed order is required for passing any order for summoning the accused but in a case where final form has already been submitted in favour of accused and Magistrate is intending to proceed on a complaint petition, he is required to make reasons of differing with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Criminal Procedure Code, 1973, Section 439 -- Recovery of 3.300 kg heroin - Non-compliance of S.42 of the Act - Bail - Issue of whether there was compliance of procedure laid down u/s 42 of NDPS Act is a question of fact - Question is one that should be raised in the course of trial - Order granting bail set..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 27A, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 3.300 kg heroin - Bail - High Court while granting bail to accused overlooked crucial requirements and glossed over the circumstances which were material to issue as to whether a case for grant of bail was established - In failing to..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Where a party who never had any notice of a particular proceeding before a quasi judicial authority, is entitled to approach Court upon gaining knowledge of proceedings - Limitation cannot be put against such a party - Since, plaintiffs asserts clearly that notices were never..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of civil Court in view of S.85 of Maharashtra Tenancy and Agricultural Lands Act - Civil Court was obliged to see whether appointment of a receiver for administration of Estate of a deceased person would actually fall within mandate of S.88-B(1)(d) of Maharashtra Tenancy and..........
