Criminal Procedure Code, 1973, Section 239 -- Discharge - Rejection of - Validity - Order rejecting discharge of accused a detailed order, which has dealt with each and every aspect of matter, where a categorical finding has come that there is enough evidence placed by prosecution for trial to continue - Discharge application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Agreement to sell - Presenting three post-dated cheques without intention of letting them e, cash whether amounts to a promise or not, is a question which cannot be determined without giving opportunity to adduce evidence - Prima facie, pleadings has certain elements of fraud - Thus,..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - When it is certain that offence has been committed then accused has to face trial - If prosecution fails to prove charge, he may be acquitted but there cannot be order of discharge on presumption that there will be no evidence or no reason for conviction...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 201, 114 -- Discharge - Murder case - Dead body of deceased recovered from well - It would be difficult for a single person to manage all activities right from killing of deceased to dragging her and then throw her in well - Prima facie evidence available on record that co-accused helped..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant Nos.2 to 4 - Substitution of LRs - Suit for cancellation of sale deed - Deceased defendants executed registered sale deed in favour of defendant No.1 - Since all rights and interest in suit property transferred in favour of defendant No.1, Courts below rightly held, that there was no need to substitute LRs..........
Civil Procedure Code, 1908, Order 22, Rule 1, 2, 3, 4, Civil Procedure Code, 1908, Order 1, Rule 10 -- LRs of a party cannot set up a different plea than one already taken until and unless they are impleaded in their individual capacity U.O.1.R.10 CPC - Impugned order of impleading LRs of defendant No.5 and amending written statement by treating it as a counter claim and..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - In order to determine whether there has been encroachment, it is always desirable to get fields/plots/areas measured by an expert in order to find out exact area encroached upon - Oral evidence cannot conclusively prove such an issue...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Object of local investigation is not to collect evidence which can be taken in Court but to obtain evidence which from it peculiar nature can only be had on spot - Cases of boundary disputes and disputes about identity of lands are instances where Court should order local investigation...........
Civil Procedure Code, 1908, Order 14, Rule 2, Specific Relief Act, 1963, Section 16, 20 -- Preliminary issue - Suit for specific performance - Issue as to readiness and willingness - Issue is a question of fact and not a question of law - Issue of readiness and willingness cannot be determined without referring to evidence on record - Order declining to treat issue of..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Can certainly be made even after final report u/s 173(2) Cr.P.C. has been submitted - It is not mandatory for I.O. to obtain prior permission of Court concerned, but it is desirable to inform Court in order to show respect and regard to it before making any further investigation...........
