Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - Courts shall keep in consideration provision of O.14.R.1 CPC before framing issues - Order farming issues must show application of mind and distinct issue should be framed on each material proposition affirmed by one party and denied by the other...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Leave to deliver - Interrogatories relevant for the purposes of disposal of suit and answer to the same may help the plaintiff in discharging the onus placed on plaintiff of some of issues - At the stage of administering interrogatories, Court is not to examine the parties - Inquiry is limited to ascertain..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 354A, 354B, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Demand of dowry - Complaint discloses a prima facie case against accused persons - Order taking cognizance against accused rightly passed by Trial Court - High Court ought not to interfered in..........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 11, 31 -- Second appeal - If second appeal involves substantial question of law then such questions are required to be formulated - However, in case second appeal does not involve substantial question of law then appellate Court has to pass a reasoned order which is a mandatory requirement of law - Non compliance of..........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 11, 31 -- Second appeal - High Court dismissed appeal in limine U.O.41.R.11 CPC - While deciding second appeal, High Court not satisfied requirements of either S.100 CPC and/or O.41.R.31 CPC - Impugned order of High Court legally unsustainable and same set aside - Case remanded to High Court for hearing of appeal..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused not arrayed as accused in charge sheet but were cited as witnesses - However, High Court while allowing application erroneously assumed that without following procedure u/s 306 Cr.P.C., accomplice cannot be cited as witness - More so, whether rejecting proposal of prosecution to cite..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - All the suit properties proposed for partition are not owned by defendants - Some of properties are held by third parties - It is for plaintiff to implead those parties or ought to have deleted portion of suit property owned by third parties - When plaintiff failed to carry out..........
Criminal Procedure Code, 1973, Section 437(3), 438 -- Bail - S.437(3) Cr.P.C. allows Courts to impose conditions in interest of justice - But such conditions cannot be arbitrary, fanciful or extend beyond ends of provision - In instant case, High Court while granting anticipatory bail exceeded its jurisdiction in imposing such arbitrary conditions - Some of conditions..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 417, 465, 468, 471 -- Further investigation - Compliant for offence u/ss 417, 465, 468, 471 IPC - Application for further investigation filed in order to frame charges u/ss 497, 498, 306 IPC - Allegations in the complaint were investigated from all angles and charges already farmed against..........
Civil Procedure Code, 1908, Order 7, Rule 10A(2) -- Lack of territorial jurisdiction - Return of plaint - Plaintiff not specified the Court where they propose to present plaint on its return - Order of return of plaint could not have served any purpose - Dismissal of suit, held, proper...........
