Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Long after commencement of trial - Amendment sought came to the knowledge of plaintiff from the written statement of defendant and the said plea was responded by the plaintiff in his replication and inspite of that amendment was not sought long after commencement of trial - Order allowing amendment, set..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Grounds set out for refusal of bail on behalf of prosecution appears to be quite unjustified and flimsy - Allegations of tampering of evidence also do not appear to be so grave and serious as has been made out - On a perusal of case diary, it is found that no reason has been recorded as to why..........
Criminal Procedure Code, 1973, Section 439, 482 -- Bail - Allowed with condition that bail bond be attested only if no other criminal case is pending against accused - Condition imposed not reasonable - Bail can be refused if accused is habitual offender - Condition imposed set aside...........
Criminal Procedure Code, 1973, Section 144(2) -- Proceedings u/s 144(2) of Cr.P.C. were drawn after calling reports from BL and LRO and from officer i, charge of Police Station - Revisional Court set aside the order drawing said proceedings - Challenge thereto - Held, revisional Court rightly observed that parties were co-shares in respect of land in question and both..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application initiated at the instance of one defendant - Ex parte decree set aside against all the defendants - Court is not required to serve notice to unserved defendants or defendants who had not approached for notice again...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Accused alleged to have cheated defacto complainant and other partners and made wrongful gains for himself - No specific dates regarding alleged cheating, creation of false documents were given in complaint - Held, from ingredients of alleged offence as set out apparently, case cannot be discarded as..........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Order 14, Rule 1 -- Arbitration award - Objections - Framing of issues - (i) Not mandatory to frame issues; (ii) Court if finds necessary can frame issues; (iii) Parties not to be allowed to lead evidence as in a regular civil suit; (iv) If Court finds that on certain question of fact or on..........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Section 107, Order 41 -- Arbitration award - Objections - Power of Court while entertaining an application u/s 34 of the Act is akin to the appellate jurisdiction so as to find out whether the award is liable to be set aside on any one or more grounds specified in S.34 of the Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Evidence discussed in detail - It also appears that suit is finally decided - Such is not the intent of the cannon of law to be used at the time of decision of application U.O.39.Rr.1,2 - Impugned order set aside...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of time - No conclusive material on record to indicate that plaint and other documents were served upon plaintiff - Trial Court refused to extend time for filing written statement - Challenge thereto - Held, impugned order quashed and set aside - Written statement allowed to be filed - Costs of..........
