Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment is foreign to case set up in plaint - Amendment would cause irreparable loss to defendants - Moreover, trial Court passed the order allowing amendment without any due application of mind by simply referring to respective contentions of parties and thereafter, in a mundane manner..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 392 -- Judgment reserved not pronounced - Directions issued to Registrar General of each High Court to furnish to Chief Justice of High Court a list of cases where judgment reserved is not pronounced within remaining period of that month and keep on repeating the same for three months - If judgment is not delivered within..........
Evidence Act, 1872, Section 45 -- Handwriting and fingerprint expert - Petitioner was granted numerous opportunities including last and final opportunities, but failed to conclude his evidence - Consequently, his evidence was closed by Court and said order was never challenged by petitioner before any Court - Same amounts to waiver of right - Therefore, subsequent..........
Unauthorised construction -- High Court vide impugned order took appropriate action against unauthorized constructions across the city of Calcutta - It is thus, high time that High Court in larger public interest takes up this issue and ensures that each and every unauthorized construction across the city of Calcutta is dealt with appropriately in accordance with law...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Where decree for specific performance was passed in favour of plaintiff wherein only two months time was granted to deposit balance sale consideration, Court below while dismissing application for extension of time to deposit sale..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is a Director of a Company and is also a Doctor who has been receiving regular dividends - Fact that wife has received substantial monies for last three financial years is also not in dispute - Husband has stated that he is willing to meet educational expenses of his son and is also willing to pay the..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Applicant has been convicted for charges u/ss 304, 307, 504 IPC and S.25 of Arms Act, which is not connected with his position as Clerk, nor it is an offence relating to moral turpitude - In case an order suspending conviction and sentence is passed, it would not violate any..........
Adoption -- Consent of biological father - Marriage between biological parents dissolved by decree of divorce and biological father even gave up his claim to even visit the minor child ever - Biological mother remarried and along with second husband applied for adoption of minor son - Biological father of child not taken any stand despite opportunity - Refusal to take a..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Maintainability - Order rejecting application U.O.21.R.97 CPC filed against execution of eviction decree passed in SCC suit - Said order is revisable u/s 25 of Provincial Small Cause Courts Act - Appeal u/s 96 CPC is not maintainable against such an order - Appeal dismissed...........
Service -- Removal from service - Due process was followed during course of inquiry - Inquiry Officer appreciated evidence led by five loanees who categorically deposed that they had paid money to respondents for coordinating sanction of their loans despite their documents being deficit - Even, respondent admitted his guilt and had sought mercy - Leniency was shown by..........
