Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Challenge to sale deed - Proposed amendment to add particulars as to sale deed - Amendment sought clarificatory in nature - Suit filed in the year 2011 and amendment sought and allowed in the year 2015 not barred by limitation - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Setting aside - Proper remedy to assail a decree on compromise is to file an application to recall order regarding compromise entered into between parties to suit - Fresh suit by one of parties to assail a compromise decree is not maintainable...........
Criminal Procedure Code, 1973, Section 156(3) -- Compliant - Some of the accused absolved of the offence - Court invoked power u/s 156(3) Cr.P.C. against some of the respondents - Court when absolved some of the respondents can only be deemed to be the procedure contemplated under Chapter XV Cr.P.C. - Court once invoked power under Chapter XV Cr.P.C. cannot revert back to..........
Criminal Procedure Code, 1973, Section 133, 138 -- Issuance of conditional order u/s 133 Cr.P.C. - Procedure - It is mandatory and a condition precedent to make a conditional order absolute that Magistrate shall take evidence - Report or information received by Magistrate before passing conditional order is no evidence against party...........
Criminal Procedure Code, 1973, Section 133, 138 -- Issuance of conditional order u/s 133 Cr.P.C. - Procedure - Conditional order cannot be made absolute without party (complainant) being called upon to substantiate the allegations, which necessitated the passing of conditional order by producing legal evidence - Views of Magistrate is no substitute for legal evidence that..........
Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - If view taken by High Court while reversing judgment of trial Court appears to be just and reasonable which is also supported by cogent reasons, then Supreme Court would not re-appreciate the evidence again especially when appeal arises out of order of acquittal...........
Civil Procedure Code, 1908, Section 115 -- Revision - Finding of fact on a particular issue recorded by first appellate Court is usually binding on High Court while hearing revision against such order - Interference permissible only when any finding of fact is found to be wholly perverse or de hors to any provision of law or is recorded contrary to pleadings and evidence..........
Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - If view taken by High Court while reversing the judgment of trial Court appears to be just and reasonable which is also supported by cogent reasons, then Supreme Court would not re-appreciate the evidence again especially when appeal arises out of order of acquittal...........
Criminal Procedure Code, 1973, Section 379, 401, Protection of Women From Domestic Violence Act, 2005, Section 29, 12 -- Order passed in appeal under PWDV Act - Revisional power of High Court - Since, there is no specific exclusion of Cr.P.C. from PWDV Act, High Court can exercise revisional power on application of party and even suo moto...........
Criminal Procedure Code, 1973, Section 432, Prisons Act, 1894, Section 59, New Punjab Jail Manual -- Para 431 - Premature release - Denial of - Challenge - Convict involved in criminal conspiracy, smuggling of arms, and explosives - As per his conduct he was having wide network to cause harm and create disturbance to national security - Merely because convict was..........
