Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Neither intimation regarding notice/no, bailable warrants issued against petitioner nor it was given to numberdar/chowkidar/sarpanch of the village - Moreover, it does not appear that petitioner is deliberately and willfully evading arrest and has not joined the proceedings - In interest of justice,..........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Amendment of plaint at appellate stage - Amendment sought will help in identification of property - Amendment will not change the cause of action or alter the subject matter - Subject matter of suit will remain the same except that its boundaries would not stand specified thus leading to the dispute between parties to be..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - Documents sought to be produced are certified copies whose photocopies were filed alongwith written statement - Documents in question are relevant and no prejudice is caused to plaintiffs - Order allowing production of documents subject to payment of costs of Rs.1,000/- - Order upheld...........
Criminal Procedure Code, 1973, Section 357A, 357, Indian Penal Code, 1860, Section 354A -- Additional compensation u/s 357-A Cr.P.C - Offence u/s 354-A IPC - There is no physical injury or bruises on body of victim as per medical record - Charge framed only u/s 354-A IPC - Accused already discharged for offence punishable under POCSO Act - Therefore, question of awarding..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Contradictory versions given by a witness - Clarification - When there are two versions of a witness, which according to adverse party are contradictory and inconsistent, in order to get clarification from witness, Court has power to recall any witness either on its own motion or on application filed by..........
Criminal Procedure Code, 1973, Section 397(2) -- Revision - Not maintainable against interlocutory order...........
Criminal Procedure Code, 1973, Section 397(2), Evidence Act, 1872, Section 45 -- Revision - Maintainability - Order u/s 45 of Evidence Act is an interlocutory order against which revision is not maintainable, as such an order does not decide anything finally resulting into culminating main proceeding of case...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482, 203 -- Dishonour of cheque - Issuance of process - Quashing of order - Offence by company - If a director wants process to be quashed on ground of vague averments or on ground that he is independent director appointed as per second proviso to S.141 of the Act, such a director is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent developments - Amendment sought relate to certain subsequent developments which may have material bearing on dispute between parties - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Ad-interim injunction - Disobedience - In order to attract provision of O.39.R.2-A CPC, there has to be not mere disobedience but it should be a willful disobedience and act of willful disobedience is required to be proved by cogent evidence and a person cannot be held to be guilty of disobedience merely on basis of a..........
