Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Expression "Evidence" as contained in S.319 Cr.P.C. would not include a vague statement, and essentially the deposition of prosecution witness has to be tested in its substance...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of written statement - Amendment sought prior to settlement of issues - Proposed amendment mentioned plots lying in between two Survey plots - This would not even amount to introducing any new fact or causing prejudice to plaintiffs or could not be said to be malafide - Rather, amendment sought by..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Proviso - Written statement - Not filed within a period of 30 days - Commercial dispute - Court has discretion to permit a party to file written statement between day no.31 to day no.120 - While exercising this discretion, Court can impose such costs as it deems fit, as a condition for receipt of written statement - Plea that..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Proviso - Written statement - Not filed within time - Commercial dispute - Commercial Court allowed defendant to file written statement subject to condition that defendant should deposit a sum of Rs.25 lakhs in fixed deposit for three years - Though Court has powers to impose conditions, but conditions so imposed should be..........
Indian Penal Code, 1860, Section 354 -- Offence u/s 354 IPC - Quashing of FIR - Prima facie ingredients of offence u/s 354 IPC are not met keeping in view the contents of FIR, statement in the final report of I.O. and statement u/s 164 Cr.P.C of complainant - Record is silent with respect to use of any force, apart from bald assertions of mental and physical discomfort..........
Indian Penal Code, 1860, Section 506 -- Offence u/s 506 IPC - Mere statement without intention would not attract the offence u/s 506 IPC...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation against family members of husband - Mere omnibus statement has been made that physical and mental cruelty was afflicted because wife could not provide a male child - Furthermore, it is merely mentioned that appellants would instigate husband to harass wife, but again, no specific or precise instances are..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - In an application U.O.7.R.11 CPC, Court has to look into the averments made in the plaint and the document filed along with the plaint alone - At that stage, Court cannot look into the written statement or documents filed along with written statement...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27(b), Criminal Procedure Code, 1973, Section 227 -- Contraband - Discharge - Appellant arraigned as accused based on the confessional statement of co-accused - However, in the absence of any other material on record to connect the appellant with the crime, confessional statement of co-accused by itself cannot..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Defendant failed to file written statement within statutory period and has lost the right to file the same pursuant to orders passed by High Court - Question of permitting defendant to raise the grounds in the application which ought to have been raised in the written statement does not arise -..........
