Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate Stage - Board of Revenue without assigning any reason to explain the delay in filing the documents and considering why documents are necessary for proper disposal of case, allowed the application for additional evidence - Applicability of O.41.R.27 CPC to the proceedings under U.P. Land..........
Criminal Procedure Code, 1973, Section 200 -- Amendment of complaint - Proposed amendment not a formal amendment but a substantial one - Magistrate allowed amendment application mainly on the ground that no cognizance was taken of the complaint, before the disposal of amendment application - Held, High Court rightly declined to interfere with the order passed by..........
Criminal Procedure Code, 1973, Section 91 -- Production of document - No bar for Court to permit a document to be taken on record if it is already before it and Court finds that it is necessary for proper disposal of case irrespective of fact that it was not filed along with charge-sheet - It is duty of Court to take all steps necessary for production of such a document..........
Criminal Procedure Code, 1973, Section 311, 91, 173(8), 231 -- Production of document - Additional evidence oral or documentary can be produced during course of trial if in the opinion of Court production of same is essential for proper disposal of case...........
Criminal Procedure Code, 1973, Section 91 -- Production of document - Objection - Documents in question are relevant and necessary for proper disposal of case, therefore, even if they were not filed along with charge-sheet and were filed by complainant or his counsel without permission of Court, no illegality or perversity committed by trial Court while dismissing the..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b) -- Offence u/s 22(b) NDPS Act - Suspension of sentence during pendency of appeal - Accused convicted and sentenced to 10 years R.I and he has undergone 4 years and 5 months of sentence - Appeal would take substantial time to come up for final hearing - Delay in..........
Protection of Women From Domestic Violence Act, 2005, Section 23(2) -- Ex-parte interim maintenance - Magistrate is empowered to pass ex-parte interim order, if situation so warrants provided an affidavit is filed in support of case for interim maintenance - Opportunity of hearing to opposite party is not sine qua non for disposal of interim application moved under the Act..........
Protection of Women From Domestic Violence Act, 2005, Section 23(2) -- Ex-parte interim maintenance - Magistrate is empowered to pass ex-parte interim order, if situation so warrants provided an affidavit is filed in support of case for interim maintenance - Opportunity of hearing to opposite party is not sine qua non for disposal of interim application moved under the Act..........
Criminal Procedure Code, 1973, Section 202 -- Complaint - Issuance of process - Investigation report u/s 202(1) Cr.P.C. alone cannot be made a basis for disposal of complaint - Object of said investigation is to enable the Magistrate to scrutinize carefully the allegations made in complaint - Inquiry/investigation u/s 202 Cr.P.C., thus, not a futile exercise and has to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Case fixed for accused appearance - Complainant bonafide is established from the fact that its representative had been appearing on each and every date of hearing earlier - Only due to noting of wrong date..........
