Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Amendment sought would have the effect of changing very nature of case - Court committed no fault in rejecting application for amendment - No interference warranted in impugned order...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 415 -- Quashing of order - Order taking cognizance - Offence u/s 415 IPC - Trial Court took cognizance upon protest petition - While allowing protest petition, trial Court examined CW1 to CW4, who have narrated all ingredients, which prima facie disclose offence for which Court below has taken..........
Criminal Procedure Code, 1973, Section 85 -- Release of attached property - Property attached to secure presence of accused - Accused appeared before Magistrate within 4 months of order of attachment and pleaded guilty - Once purpose of issuing attachment was achieved, Magistrate ought to have withdrawn attachment and restored the property - Authorities directed to restore..........
Criminal Procedure Code, 1973, Section 53 -- DNA test during investigation - Not permissible without carrying out substantial investigation - Moreso when in the investigation conducted no such material is brought on the basis of which it could be opined that conducting DNA test is necessary - Impugned order directing conducting of DNA test set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Interim maintenance - Filing of an application seeking interim maintenance is not a pre condition for grant of interim maintenance - Court is empowered to pass an order assessing interim maintenance even in a case where no such application is filed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Interim maintenance - Wife alleged to be living in adultery - Impugned order granting interim maintenance set aside and matter remitted for ascertaining if there is material available on record to show that wife is prima facie living in adultery and thus disentitled to interim maintenance, and if not, assessing..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit for recovery - Leave to defend - Defendant raised triable issues but has not advanced a defence which entitles it to unconditional leave to defend - Defences raised by defendant are plausible but do not answer to the standard of fair or reasonable - Leave to defend rightly granted to defendant - Interest of..........
Criminal trial -- Voice sample for purpose of investigation - Absence of specific provision in the Code - Magistrate has power to order a person to give sample of his voice for the purpose of investigation of a crime till explicit provisions are engrafted in the Code of Criminal Procedure - Such power is conferred on Magistrate by Supreme Court in exercise of jurisdiction..........
Criminal Procedure Code, 1973, Section 202 -- Complaint sent to police u/s 156(3) Cr.P.C. for investigation - Police filed negative final report on the ground that it is not having territorial jurisdiction - Complainant filed protest petition and Magistrate proceeded to record statement of complainant and his witnesses thereby he commenced investigating the case - Order..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Documents not filed alongwith written statement - Documents sought to be produced after closure of evidence by plaintiff - It will cause prejudice to plaintiff as he will not have opportunity to controvert said documents - If he had known about these documents, he would have also filed documents..........
