Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of objections filed in consolidation proceedings - Amendment application filed at very belated stage after 19 years from the date of filing of such objections - Evidence in said proceedings was closed - Amendment allowed without considering O.6.R.17 Proviso CPC - Moreover, facts mentioned in amendment application..........
Criminal Procedure Code, 1973, Section 482 -- Second FIR - Quashing - Second FIR based on new set of facts and new set of allegations and not based on old set of allegations as made in the first FIR - Prima facie case made out against accused - Impugned order of High Court quashing second FIR set aside and order of trial Court taking cognizance restored...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Striking off defence - Non-payment of maintenance amount by husband - No material produced by husband to prove that he paid the amount of maintenance and litigation expenses as per order passed by Family Court - Family Court thus, perfectly justified in passing an order to strike off defence of husband - However,..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 29, Criminal Procedure Code, 1973, Section 125, 399, 401 -- Order granting interim maintenance u/s 23 of PWDV Act and S.125 Cr.P.C. - Appeal u/s 29 of PWDV Act and revision u/ss 399, 401 Cr.P.C respectively is maintainable against said order and will be heard without any pre-condition of deposit of arrears..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Filing of photocopy of plaint of earlier suit - Photocopy of plaint not admissible in evidence - It cannot be said that legal requirement of filing plaint of earlier suit was substantially complied with - Bar U.O.2.R.2 CPC cannot be presumed merely on the basis of inferential reasoning, as done by..........
Criminal Procedure Code, 1973, Section 54A -- (as amended in 2005), Evidence Act, 1872, S.9 - Test identification parade - S.54-A of Cr.P.C. confers express power on Court to order TIP at the request of prosecution - To ensure that correct person who committed the offence is identified at the earliest point of time so that investigation proceeds on correct line...........
Civil Procedure Code, 1908, Section 96, 2(2), Order 41 -- Appeal - Is maintainable against order refusing to pass final decree as, such order will fall within the definition of decree in S.2(2) CPC...........
Civil Procedure Code, 1908, Section 151, Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Claimed by Muslim wife - Provision of Hindu Marriage Act not applicable to Muslim parties - So far as S.151 CPC is concerned, it provides only for procedural law and not for substantive rights - No order of maintenance can be passed u/s 24 of Hindu Marriage Act r/w S.151..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted - Bail bond not accepted as caste of accused was wrongly mentioned in the order - An individual is not to be identified by his caste but by his parentage - In future in the bail applications caste of accused shall not be mentioned - Police also shall not mention caste of an individual in the arrest memo as..........
Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Article 137 -- Ex parte order - Setting aside - Limitation - No limitation is prescribed for filing application to set aside ex parte order - In such a case it is Article 137 applies which prescribes period of limitation of three years when the right to apply accrues...........
