Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - If parties to suit failed or omitted to state certain facts or certain facts came to their knowledge at a later point of time in such circumstances, Court can grant leave U.O.8.R.9 CPC to file subsequent pleadings...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 368 -- Unsoundness of mind of accused - Petitioner asserted that he is suffering from serious psychiatric ailment - However, medical board opined that petitioner was not presently of unsound mind, not intellectually disabled and was capable of withstanding Court proceedings - Trial Court proceeded with trial relying upon..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Court while dealing with prayer for grant of bail has to consider gravity of offence, which has to be ascertained in facts and circumstances of each case - One of circumstances to consider gravity of offences is also the term of sentence i.e., prescribed for offence accused is alleged to have committed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- (Criminal Procedure Code, 1973, S.407) - Transfer of case on the ground of judge being biased - Judge cannot be presumed to be biased merely because a litigant's relative is a junior official in the same district Court or a police officer within the Court's jurisdiction...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- (Criminal Procedure Code, 1973, S.407) - Transfer of case on the ground of judge being biased - Husband contended that he faced serious threat to life at a place `S' where wife's people are influential - Husband who is an accused in proceedings could seek for appearance through a counsel or by video conferencing,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Functional disability - Appellant had produced a certificate wherein disability was assessed at 60% by doctor who was examined as PW2 - Only skin grafting was fixed at 50% by Tribunal - High Court without any appeal by Insurance Company reduced disability to 40% which was improper - Disability of 50% as..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - At the stage of consideration of application for discharge, trial Court is not required to conduct mini trial but sift through prosecution material and if on probative evaluation of same, prima facie case for prosecution is indicated, application for discharge would not sustain...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Court may at any stage of proceedings allow either of parties to alter or amend pleadings, in such manner or on such terms as may be just...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent and mandatory injunction - Amendment sought to correct khasra number mentioned in plaint - Application filed immediately after filing of suit and trial Court even allowed the same before written statement of defendants was on record - Application rightly allowed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Non-bailable warrant as well as proclamation issued u/ss 82, 83 Cr.P.C against accused - Accused was in family way and was unable to appear before Court concerned at the time when certain processes were issued against her - There is not a total embargo on considering the application for grant of..........
