Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Averments sought to be incorporated by way of amendment was already in the knowledge of tenant/petitioner at the time of filing of original reply and also prior to framing of issues - Reason given in the amendment application that it was due to inadvertence/over sightedness..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of O.2.R.2 CPC - Plaintiff omitted to include present suit properties in earlier suit - He has not sought leave of Court to sue for all such reliefs - Plaintiff thus, has relinquished his right in suit properties by virtue of O.2.R.2 CPC - Suit is not maintainable being barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Merely because plaintiff wants to introduce certain pleas by way of an amendment in the plaint, which the defendant has set up in his written statement, will not be a valid ground for rejecting the prayer for amendment of plaint, particularly when no prejudice is going to be caused to defendant by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought, is not going to change the nature of suit and no prejudice is going to be caused to other side by allowing the prayer for amendment - Amendment sought is necessary for determining the real question in controversy, therefore, with a view to avoid multiplicity of suit, amendment sought by..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - There is no specific bar/restriction under the provision of NDPS Act for return of any seized vehicle used for transporting narcotic drug or psychotropic substance in the interim pending disposal of criminal case - In the absence of any bar under NDPS Act and in view..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Appellant is the owner of vehicle in question - Vehicles in police custody are stored in the open and consequently if the vehicle is allowed to be kept in the custody of police till the trial is over, it will serve no purpose - Vehicle in question allowed to be..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Quashing of - Application for quashing sanction order cannot be entertained when prosecution had already examined seven witnesses...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Quashing of - High Court should not have quashed sanction order and consequent proceedings unless it was satisfied that failure of justice had occurred by such error or irregularity or invalidity - Order of quashing of sanction order set aside...........
Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195(1)(a) -- Offence u/s 188 IPC - Magistrate cannot take cognizance of offence punishable u/s 188 IPC upon police report - He can take cognizance of such offence only on the written complaint of public servant whose order has been violated or on the complaint of an administratively superior..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court is empowered to summon any person to be tried together with the accused if it appears to Court, on the basis of evidence adduced during the ongoing trial, that he has committed the offence...........
