Agreement to sell -- Specific performance - One of witnesses was an accused in a criminal case - Scribe was an Advocate for said witness - Held, agreement for sale which was otherwise established cannot be rejected - Suit rightly decreed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Delay - Plaintiff aware of the defence from the filing of written statement - However, facts not such so as to penalize the plaintiff for the acts of his Advocate - Amendment allowed...........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Validity - Very strange behaviour on part of complainant and so many of his friends who were with him to go to an Advocate, that too 15 kms. away, rather than approaching Police Station to report matter - Column in FIR which pertained to date and time of dispatch of FIR to Magistrate left blank - No evidence..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Validity - Very strange behaviour on part of complainant and so many of his friends who were with him to go to an Advocate, that too 15 kms. away, rather than approaching Police Station to report matter - Column in FIR which pertained to date and time of dispatch of FIR to Magistrate left blank - No evidence..........
Criminal Procedure Code, 1973, Section 391 -- Summoning for additional evidence - Power of Court - Held, discretion of appellate Court that, if it finds appropriate in fitness of things, then it may pass orders summoning for additional evidence - Complainant or his advocate has no liberty to move application in Court and invoke its powers u/s.391 Cr.P.C. unless permitted..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Due diligence - Failure of Advocate to incorporate pleadings inspite of instructions of party - Not a ground to allow amendment - Due diligence is of parties and of nobody else including the Advocate on record...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Report of process server that defendants are not residing at the given address - After five days Vakalatnama was filed by an Advocate followed by written statement where virtually admissions were made and finally a family settlement deed - Court compared the signatures on documents and found..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Illness of defendant's advocate not disputed - Second adjournment was refused although good and sufficient grounds were disclosed - Shutting doors for all times to come to lead evidence in defence is arbitrary, illegal and punitive - Adjournment allowed...........
Expunction of remarks -- Expunging remarks against Advocate - While deciding lis conduct of counsel not to be commented upon nor mala fide should be imputed against the counsel who is an Officer of Court - It is within jurisdiction of trial Court to decide the lis in accordance with law but not to introduce foreign matter not contemplated in pleadings - All references..........
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 5 -- Substitution of L.R's - Condonation of delay - Negligence on part of Advocate - Plaintiff failed to prove that his Advocate had not informed him of death of defendant or requirement of moving application for bringing on record his legal representatives - Plaintiff pleaded that he is illiterate..........
