Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence closed by order - To allow additional evidence thereafter is to circumvent order of closure of evidence. (Para8)..........
Criminal Procedure Code, 1973, Section 311 -- Application u/s 311 Cr.P.C. - Purpose of S.311 Cr.P.C. is to enable Court to arrive at a just decision of case - Power should be exercised judiciously and not arbitrarily - It should be resorted if it is essential to examine such witnesses in order to arrive at a just decision of case - Additional evidence must not be received..........
Criminal Procedure Code, 1973, Section 227, 173 -- Discharge - Two charge-sheets filed for same offence - Two Sessions trials relating to same case - All accused were charge-sheeted for commission of identical offences - Even all witnesses in both trials were same and has not supported prosecution case - Trial Court rightly considered statement of witnesses of charge sheet..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Suit for specific performance - Defendant proceeded ex parte on 4.4.2013 and application to set aside ex parte order filed on 17.1.2015 - Numerous opportunities taken by plaintiff to file reply to the application - After filing of reply case adjourned thrice for arguments - By virtue of the..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence of petition was closed by order of Court and subsequently application for permission to lead additional evidence to prove affidavit by examining witness was filled - Order whereby evidence of petitioner was closed by orders of Court has assumed finality as no revision was preferred against that order..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 147, 148, 149, 323, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)X, 3(2), 4 -- Quashing of summoning order - Offence u/ss 147, 148, 149, 323 IPC, Ss.3(1)X, 3(2), 4 of SC/ST Act - Allegation that petitioners came on the spot and started firing and gave..........
Indian Penal Code, 1860, Section 182 -- Offence u/s 182 IPC - In order to prosecute accused for an offence u/s 182 IPC, it is mandatory to follow the procedure prescribed u/s 195 Cr.P.C., else such action is rendered void ab initio...........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Application u/s 156(3) Cr.P.C. - Order allowing or dismissing application - Order is not interlocutory order - Revision against such order is not maintainable...........
Criminal Procedure Code, 1973, Section 397(2) -- Revision - Term `interlocutory order' in S.397(2) Cr.P.C., denotes orders of a purely interim or temporary nature which do not decide or touch the important rights or liabilities of parties...........
Criminal Procedure Code, 1973, Section 215, Indian Penal Code, 1860, Section 325 -- Omission to frame charge u/s 325 IPC - Not resulting in any failure of justice - Does not preclude Court from passing an order of conviction...........
