Criminal Procedure Code, 1973, Section 439A, 167, 439 -- Bail - Offence committed by extremists - Applicability of S.439A - Held, amendment of S.439 and S.167 as amended by the Code of Criminal Procedure (Tripura 4th Amendment Act, 1998) is confined to the extremist related offence or an offence committed by the extremists - So far the other general case of heinous crime..........
Criminal Procedure Code, 1973, Section 439A, 167, 439 -- Bail - Grant of - There is no evidence that the accused-persons may be categorized to any group of organized criminals or that they are hardened and notorious criminals and the people, at large, are afraid of them - Held, provisions of the Amendment Act, may not be applied - They are already in custody for about 124..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Appellate Court framed additional issue - Matter remanded to trial Court for recording evidence of both parties on additional issue and to decide the suit afresh after considering each issue separately - Remand was not for de novo trial - Amendment of written statement cannot be allowed at..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Typographical mistake - Amendment sought for, appears to be typographical mistake and does not give rise to any further issues - Typographical mistakes cannot be declined merely on ground of delay which could be compensated with costs - Amendments/corrections are based on revenue record which cannot be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Held, only on the ground of delay amendment should not be refused if it is bonafide, legitimate, honest and necessary for determination of real question in controversy between the parties...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment of - Factors to be taken into account - Held, first condition which must be satisfied before amendment can be allowed by court is whether such amendment is necessary for determination of real question in controversy - If that condition is not satisfied, amendment cannot be allowed - This is basic..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- (Andhra Pradesh Amendment) Execution of decree - Judgment-debtor was not even given an opportunity to furnish value of property - Record discloses that even court did not make necessary efforts to ascertain value from registrar's office - Held, entire execution proceedings become void in case violation of O.21.R.66 CPC is..........
Criminal Procedure Code, 1973, Section 202 -- Scope - Amendment of the provision shows the intention of legislature to stop the proceedings where the accused is sought to be summoned from far off places and inquiry be made by Magistrate if he chooses not to order investigation...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh suit on the same cause of action - Suit for mere declaration filed without seeking further relief of possession - Suit was likely to be dismissed as plaintiff was not in possession - Prayer cannot be declined on the ground that relief of possession was not initially sought and..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Section , Order 8, Rule 6-A -- Amendment of written statement to incorporate counter claim - In the instant case compromise decree passed - Set aside in appeal and case remanded - Counter claim by way of amendment of written statement sought on the ground that suit land had been mutated in the name..........
