Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought to be produced at the stage when case was reserved for pronouncement of judgment - Suit pending for the last 12 years - No specific averments made in application as to why despite due diligence documents intended to be produced as additional evidence could not be filed at the time of leading evidence -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Transfer of proceedings u/s 125 Cr.P.C - Husband sought transfer of proceedings pending at Kanpur Nagar to Aligarh - Aligarh is convenient for wife who is admittedly residing at Delhi - Proceedings held, transferred from Kanpur Nagar to Aligarh - Application allowed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307 -- Bail - Attempt to murder - As per the case of prosecution, petitioner given a severe blow to old age person of 71 years, but the fact remains that there is cross version also and a private complaint to that effect is pending before the Court of competent jurisdiction - Out of total 14..........
Civil Procedure Code, 1908, Section 151, Order 40, Rule 1 -- Ex parte appointment of receiver - Appointment of receiver was made keeping in mind protection of suit property - Defendants never found themselves convenient to submit their written objection - Even on the date scheduled for hearing, no adjournment petition was ever filed by defendants - Appointment of receiver..........
Criminal Procedure Code, 1973, Section 239, 216 -- Discharge - Power of attorney executed by impersonating complainants and thereafter property was sold - Civil suit pending pertaining to the sale deed - However, civil court will not adjudicate as to how criminal offence was committed by impersonation - Fraud committed is a criminal offence and for this a separate trial is..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Order declining to stay execution proceedings during pendency of application U.O.9.R.13 CPC - Application U.O.9.R.13 CPC pending decision, it would be in fitness of things that execution proceedings are stayed till decision of application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 99, 100 -- Execution - Objection - Eviction decree - Petitioner filed a declaratory suit that he along with plaintiffs was a co-sharer of suit property - Though suit was dismissed but first appeal against the same was pending - An appeal is a continuation of suit and executing Court should have awaited the..........
Land Acquisition Act, 1894, Section 28A -- Acquisition of land - Re-determination of compensation - Applications seeking reference u/s 18 of the Act were preferred by many landlords but petitioner did not prefer any such application - Reference Court enhanced compensation - Petitioner thereafter filed application u/s 28-A of the Act, which was allowed and same benefits in..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Memorandum of oral gift sought to be produced by way of additional evidence - Document not filed in suit, though suit remained pending for about 18 years - Entire case of defendant is based on alleged oral gift and memorandum of gift executing in writing - Defendant thus, have full..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession and separate possession - Plea of previous partition sought to be raised by way of amendment - Suit filed in the year 1993 and amendment sought in 2008 - Amendment sought when suit was pending for final hearing - Nothing to show as to why amendment not sought earlier - Amendment..........
