Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff permitted to file an application for amendment to bring on record certain pleadings which was already there in main plaint - Only by way of further elaboration or explanation, if some paragraphs have been permitted to be made in plaint, no error can be said to have been committed by trial Court..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Error that has to be detected by a process of reasoning, cannot be described as an error apparent on the face of record for Court to exercise its power of review U.O.47.R.1 CPC...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of Cheque - Clerical error - Any correction at belated stage, may adversely impact or delay proceedings, but if name of `P' is substituted by name of `R', in last line of deposition made as witness, the same would serve interest of justice, more particularly, when such..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Power U.O.26.R.9 CPC to appoint commissioner is discretionary - If discretion has been exercised by Court, it cannot be said that Court has committed error of jurisdiction by allowing application O.26.R.9 CPC...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17, 27A, 85 -- Anticipatory bail granted by High Court - Contraband - Plea of State that accused is a habitual offender - High Court fell in error in granting anticipatory bail to respondents - Impugned order set aside...........
Civil Procedure Code, 1908, Section 114 -- Review - Dismissal of appeal against compromise decree - Whether petitioners have a right U.O.43.R.1-A(2) CPC to prefer an appeal against decree of compromise requires elaborate hearing and has effect of rehearing the matter as to maintainability of appeal - There is no error apparent on the face of record in impugned order -..........
Wild Life (Protection) Act, 1972, Section 33 -- Damages - Discharge of effluent in National Sanctuary - Nothing on record to indicate that before imposing damages of Rs.10 Crores any show cause notice was issued to the writ petitioners - Neither respondents was given any opportunity of hearing by authorities concerned - Imposing damages of Rs.10 Crores, thus can be said to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, possession and damages - Plaintiff led no evidence to establish that he was throughout in possession since 1930 after resumption of grant by successor of defendant - First appellate Court and High Court have proceeded on assumptions and presumptions to hold in favour of State on the question..........
Indian Penal Code, 1860, Section 406 -- Offence u/s 406 IPC - Quashing of proceedings - High Court itself opined that allegations are very serious and it requires further investigation - However, High Court has not at all appreciated and/or considered the allegation of larger conspiracy and that both FIR/criminal cases are interconnected and part of main conspiracy which..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree passed by Lok Adalat - Challenge there to - Application U.O.23.R.3 CPC filed before trial Court - However, trial Court referred the matter to Lok Adalat - Lok Adalat passed the consent decree - Consent application was presented and signed by advocates for defendants and also parties who appeared before trial..........
