Civil Procedure Code, 1908, Order 11, Rule 21, 12 -- Non compliance of order passed U.O.11.R.12 - Does not entail dismissal of plaintiff's suit or striking out defendant's defence...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Ex parte order passed on 22.11.2011 - Petitioner filed an application I.A.No.71 of 2015 - Delay by itself not a ground to set aside ex parte order - Ex parte order set aside...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Partition suit - Prima facie an opinion has been formed by Courts below about property being joint in absence of any tangible evidence at that stage to the contrary and based thereon an order allowing application for appointment of receiver - Orders have been passed to protect the property and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of order - Order taking cognizance - Cheating - Complainant himself admitted that he voluntarily gave loan to accused - Apparently, no fraudulent inducement to get the loan from complainant - Moreover, a reasonable amount was repaid to complainant - Ex-facie essential..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Will produced for the first time in defendant's evidence - Plaintiff did not get any chance to lead evidence on issues - Had the original Will been produced along with list of documents filed with written statement, plaintiff would have led evidence on all the issues including the one, onus of which was..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Material PWs categorically stated about the culpability of petitioner in their statements - Besides it, there was documentary evidence in the shape of some applications written by deceased to SSP - CCTV footage was also available to show presence of petitioner at the spot - All PWs identified..........
Civil Procedure Code, 1908, Order 41, Rule 27(aa) -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is to be considered at the time of final hearing of appeal - Court at the stage of commencement of appeal, without hearing both the parties cannot conclude whether additional evidence is required to enable Court to pronounce judgment - Impugned order of..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witnesses for cross examination - At the time witnesses were examined accused was in jail and counsel sought time as he has no complete instructions - PWs specifically deposed case of prosecution with incriminating material - Non-cross examination of witnesses thus, caused prejudice and affect the interest and..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Imposition of onerous condition to deposit 20% of imposed fine amount, while allowing application u/s 389 Cr.P.C. is not justified - Impugned order to the extent of imposing said condition quashed and set aside...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Once bail is granted on consideration of relevant materials, High Court would not normally interfere with such discretion, unless same suffers from serious infirmities or perversity - While considering correctness of the order granting bail, approach should be whether order granting bail to accused is..........
