Criminal Procedure Code, 1973, Section 256, 204 -- Dismissal of compliant u/s 256 Cr.P.C - At the stage of issuance of process - Compliant dismissed on account of no, payment of process fee or other fees by complainant within reasonable time - Complainant not complying the Court's direction - Provision of S.204(4) Cr.P.C is thus, applicable - Magistrate was to dismiss the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside of exparte decree - Society purchased land from 6 joint owners including father of respondent - Since society have purchased land reasonable opportunity to be afforded to society - High Court ought not to have set aside order setting aside decree and remanded matter back to trial Court - Trial Court directed to..........
Civil Procedure Code, 1908, Section 152, Order 6, Rule 17 -- Decree passed - Wrong Khasra numbers mentioned - Amendment of plaint and correction in judgment and decree - If plaint involved some omission, the same can be rectified just to advance the real spirit of the lis between the parties on all equitable legal considerations - Order allowing amendment of plaint and..........
Civil Procedure Code, 1908, Order 41, Rule 27, 23, 23A -- Additional evidence at appellate stage - Remand - High Court Committed error by allowing three applications filed U.O.41.R.27 CPC and relegated the parties before trial Court - High Court ought not to interfere with discretion exercised by First Appellate Court in dismissing said three applications, that too when..........
Civil Procedure Code, 1908, Order 21, Rule 97, Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 25, Civil Procedure Code, 1908, Section 115 -- Execution - Objections - Revision - Executing Court decided objections on merits - Remand - Remand of case is necessary when Superior Court while exercising its appellate or revisionary jurisdiction finds that Subordinate..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate/Revisionary stage - Documents sought to be filed neither relevant nor material for deciding the legality and correctness of the order passed by Subordinate Court - Legality and correctness of impugned order could be decided one way or the other without aid of any additional document but on..........
Criminal Procedure Code, 1973, Section 482, 240, Indian Penal Code, 1860, Section 420, 389, 504, 506 -- Quashing of order - Order framing charges - Offence u/ss 420, 389, 504, 506 IPC - Statement of complainant verified and confirmed by statement of his father - Magistrate after discussing evidence on record in detail dismissed the discharge application u/s 239 Cr.P.C -..........
Criminal Procedure Code, 1973, Section 319 -- Proceedings against other persons - Offences punishable u/ss 147, 148, 341, 323, 325, 307 of IPC - Police investigation shows that petitioner was not present at place of occurrence as he was posted in Army, far away from place of incident - Furthermore, no overt act is assigned to petitioner and none of the witness have stated..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of additional accused on the basis of statement of child witness who was examined after almost 10 months of the incident who improved her version from the statement given to police - Statement of child witness who has not reported the incident to anyone, cannot be made basis of proceeding against..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, Civil Procedure Code, 1908, Order 41, Rule 22 -- Remand - Landlord tenant relationship - Decided in favour of plaintiff but suit dismissed - Appeal by plaintiff - Finding of relationship of landlord and tenant neither challenged by landlord nor by tenant by filing cross objections - Order of Appellate Court reversing said..........
