Criminal Procedure Code, 1973, Section 91, 311 -- Summoning to produce documents such as bank statement of accused - Application rejected on the ground that complainant should obtain these documents through RTI - Application under RTI Act was rejected by Bank - Documents in question necessary to prove case of complainant - No prejudice will be caused to accused due to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Clerical/typographical mistake - Suit for declaration claiming to be co-sharer co-owner to the extent of 1/4th share in the suit land - Amendment of plaint sought to incorporate one Kill No. - Amendment neither changes the area of land nor its location and even after amendment share of plaintiff will..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Opportunity to file written statement closed and defendant proceeded ex parte - Provision of O.8.R.1 CPC is directory and not mandatory - Impugned order cannot be sustained - Opportunity given to defendant to file written statement...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement of appeal - Joint decree against five defendants - Second appeal jointly filed by all the five defendants - Death of appellant Nos.2 & 5 during pendency of second appeal - Initially appeal was stated to have abated against appellant Nos.2 and 5 but later on abatement order against appellant No.5 was recalled as his..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Decision of application U.O.9.R.9 CPC without deciding application u/s 5 of Limitation Act - Impugned order set aside...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Neither S.114 CPC, nor O.47.R.1 CPC provide for any suo moto review of order by Court...........
Civil Procedure Code, 1908, Section 151 -- Execution - Restoration of petition dismissed in default - Application for restoration of Execution Case was earlier allowed by a speaking order and case was posted for appearance of non-applicants - However, application for restoration was again considered and rejected and there was also an observation made by execution Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Eviction suit - Amendment sought to incorporate sub-letting - Plaintiff was aware of fact that suit premises were sub-let by defendants at the time of institution of suit - It is neither subsequent event nor a new ground for recovery of possession that arose after filing of suit - Admittedly,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324, 341 -- Bail - Appeal against order granting bail - Offence u/ss 307, 324, 341 IPC - Bail granted to accused on the ground that is in custody for about 75 days without even considering materials on record which prima facie made out reasonable grounds to believe that accused had committed..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order rejecting plaint - Appeal lies thereagainst - However, when application is dismissed, it is Revision which lies against such an order - Petition under Article 227 against such an order is not maintainable...........
