Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 for cross-examination - PW1 was cross-examined about 8 months after his examination-in-chief - He has not been examined on the point of NCR of the alleged cross case - It is essential in the interest of justice that defence is granted an opportunity on heavy costs to cross-examine PW1 - Application allowed subject..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Change of counsel and advice given by newly engaged counsel to petitioner is not a ground to permit him to amend the pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment application filed after evidence of PW2 - Case is now coming up for evidence of defendants - Reasons stated by defendant for not being able to take proposed amendment prior to commencement of trial is not sufficient to conclude that in spite of due diligence, defendant could not..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendants acquired knowledge on the basis of summons which were issued in execution case - Even in main suit summons were not served and it is not disputed that there was no order passed by Court or even on registered cover sent by Court that summons were either refused or deliberately..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Appeal - Impugned order is an interlocutory order - There are no trappings of finality and substantial rights of parties were not affected - Appeal against such an order not maintainable...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At the stage of proceeding u/s 482 Cr.P.C. Court has to consider uncontroverted allegations only and cannot embark upon an enquiry or cannot dwell upon the defense taken by accused persons...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - A delay in FIR by itself will not be a ground to quash the proceedings...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Plaintiff and defendant both are co-defendants in earlier suit - Present suit not liable to be stayed as provision of S.10 CPC is not attracted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Marriage between parties cannot be dissolved by Court in the proceedings u/s 125 Cr.P.C, as jurisdiction of Court is limited to determination of aspect of maintenance - Even with the consent of parties, jurisdiction of Court u/s 125 Cr.P.C cannot be expanded so as to concede power with such Court to pass a..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance - Application u/s 125 Cr.P.C. or u/s 12 D.V. Act or an application u/s 24 Hindu Marriage Act - Order of maintenance should be passed from date of application and not from date of order...........
