Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Failure to file within time - Striking off defence - Court is required to record valid reasons/grounds in this connection and defence should not be struck off in a routine matter, as it may give rise to multiplicity of suit, particularly when the opposite party can well be compensated with heavy costs...........
Criminal Procedure Code, 1973, Section 190(1)(a), 156(3) -- Police investigation - Held, power u/s.156(3) can be invoked by Magistrate before he takes cognizance of offence u/s 190(1)(a) - Once cognizance of case is taken by Magistrate and verification statement is recorded, then Magistrate cannot revert back to pre-cognizance stage and direct investigation u/s.156(3)..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Hindu Marriage Act, 1955, Section 9, 13 -- Petition for restitution of conjugal rights - By amendment petition converted to a petition for divorce on ground of desertion - Parties contested the proceedings for grant of divorce - Decree of divorce granted - Held, mere failure in framing an issue with regard to restitution of..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 7 -- Alternative plea - When there is no inconsistency in the facts alleged, a party is not prohibited from taking alternative pleas available in law...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 7 -- Alternative plea - If plaintiff succeeds on the principal case set up by him whether or not the alternative plea was contradictory or inconsistent or even destructive of the original plea pales into insignificance...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 7 -- Alternative plea - Plea of license and tenancy can be taken together by plaintiff for grant of relief in a suit for possession...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of time - May be allowed by way of an exception - Extension of time may be allowed if it was needed to be given for the circumstances which are exceptional, occasioned by reasons beyond the control of defendant and grave injustice would be occasioned if time was not extended - Costs may be imposed..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(iv)(x), Criminal Procedure Code, 1973, Section 482 -- Offence of atrocity - Compounding of - Compromise between parties to settle dispute outside Court - Complainant buried all differences against accused - Held, offence u/s.3(1)(iv)(x) of Act of 1989 is no, compoundable, but in view..........
Civil Procedure Code, 1908, Order 21, Rule 58(1)(a) -- Execution - Attachment of property - Saleable interest - When property attached was already sold prior to attachment, the owner thereof does not hold any saleable interest therein and any attachment made in execution petition filed in respect of such property is futile...........
Civil Procedure Code, 1908, Section 119, Order 3, Rule 1, 2, Advocates Act, 1961, Section 32 -- Right to appear - Non-lawyers - Court has power to grant permission to non-lawyers to plead/argue cases in certain special circumstances, if such circumstances exist in a particular case - Permission cannot be granted as a matter of course unless special circumstances are..........
