Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to elaborate existing defence - Allowing amendment would not amount to withdrawal of an admission contained in the written statement - Amendment would cause no prejudice to the plaintiff - Order allowing amendment by trial Court restored...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 506(i) -- Discharge - Offence u/s 506(i) IPC - Merely on ground of discrepancy in timing of incident, accused cannot be discharge, particularly, when there is sufficient material on record to frame charge for offence u/s 506(i) IPC and investigating report prima facie disclose complainant was..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Counter-claim shall be treated as plaint and governed by rules applicable to plaints - But it does not mean that it is no more a written statement - It is also a written statement to which O.8 CPC applies, even while O.7 CPC is made applicable to a part of the same - O.8.R.6-C CPC gives right to plaintiff to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining alienation of property - No documents filed by plaintiff for showing any of the items are the properties acquired in the name of plaintiff and nothing even showing any property a joint family property - Order granting injunction set aside - However, any alienation by defendant in favour..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Condition stipulated in bail order flouted by accused - Bail cancelled...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While rejecting bail application, Court neither set out facts of case nor mentioned submissions of counsel appearing for both the parties nor reasoning as to why Court does not consider proper to grant anticipatory bail - Impugned order set aside - Matter remanded back to High Court for deciding bail..........
Civil Procedure Code, 1908, Section 47 -- Execution - Partition decree - Objection by transferee pendente lite - Appellant purchased the property during pendency of suit but prior to any preliminary decree being passed therein - However, appellant took no steps to apply to be impleaded in suit - Since appellant has purchased a share of a co-sharer in a partition suit..........
Criminal Procedure Code, 1973, Section 482, 389 -- Recalling of order - Order suspending sentence - Error apparent on face of record of said order - No impediment in recalling said order to correct an apparent error - Order rightly recalled...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court ignored vital averments made in plaint and also ignored important material on record and also failed to consider question of law involved in the matter - High Court also not assigned any reason, much less valid reason, to disturb the concurrent findings of fact arrived at by Courts below - Impugned order..........
Criminal Procedure Code, 1973, Section 190, 482 -- Order taking cognizance of offence - Quashing of order - Allegation of obtaining forged sale-deeds by accused in order to grab property of complainants - As per evidence on record, allegations levelled in complaint are purely of civil nature and constitute civil dispute which has been given colour of criminal case - Even,..........
