Criminal Procedure Code, 1973, Section 482, 173(8) -- Further investigation - High Court in its inherent powers can direct further investigation or even re-investigation, where High Court feels that investigation is not in proper direction and to do complete justice where facts of law so demand - Provision of S.173(8) Cr.P.C do not limit or affect such powers of High Court..........
Criminal Procedure Code, 1973, Section 482, 173(8), Indian Penal Code, 1860, Section 420, 409, 467, 468 -- Further investigation - Offence u/ss 420, 409, 467, 468 IPC - Allegation of defalcation of goods and misappropriation of stocks from godown of Corporation - Case is of exceptional and special features where High Court was justified in ordering further investigation..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Permitted to file at the stage of defendant's evidence - Defendants were proceeded against ex parte twice over - No satisfactory reason assigned by defendants for delay in filing written statement - Only ground mentioned by trial Court while allowing application for filing written statement, is setting..........
Civil Procedure Code, 1908, Order 8, Rule 1, Proviso -- Written statement - Time limit fixed as per O.8.R.1 Proviso CPC is only directory...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Delay in progression of suit for various reasons and even if a part of those factors could be referable to delay on the part of plaintiff, that cannot take away the substance of matter as regards question as to whether prayer for filing rejoinder was to be granted or not...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - By balancing the operations of rules of procedure, in the peculiar facts and circumstances of the instant case, rejoinder allowed to remain on record and at the same time contesting defendants allowed to file their further pleadings in the form of sur-rejoinder, which shall remain confined to any such fact, if at..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Cause of action on which suit is filed by plaintiff is quite different than cause of action on which defendant intended to file counter claim - Counter claim if permitted would change the nature of suit - Order refusing to file counter claim is proper...........
Civil Procedure Code, 1908, Order 8, Rule 6A, Court Fees Act, 1870, Section 7(iv)(c) -- Counter claim - Court fee - Counter claim for declaration that agreement to sell, executed by power of attorney holder, is illegal, null and void - Infact the relief sought is for cancellation of agreement to sell - Merely by terming the counter claim as suit for declaration, defendant..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Simpliciter denial in absence of any categoric denial to factual averments made in plaint, would be deemed to be admitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 21, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 391 gms brown colour narcotic powder - Bail - There is no independent witness of alleged recovery - Constables of Railway Police Force cannot be said to be independent witnesses -Though search was conducted in presence of Gazetted Officer,..........
