Civil Procedure Code, 1908, Section 5 -- Applicability of CPC - Proceedings u/s 116 of U.P. Revenue Code - Provisions of CPC is squarely applicable to proceedings u/s 116 of U.P. Revenue Code as per S.216 of said Code...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of issues - Proceedings u/s 116 of U.P. Revenue Code - Provisions of CPC is squarely applicable to proceedings u/s 116 of U.P. Revenue Code - However, issues were not framed and evidence was not led - Impugned order set aside...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - Enquiry U.O.22.R.5 CPC is summary in nature since purpose is not to decide the complex question of right of inheritance between contesting parties but to merely decide the issue as to who has right to represent the estate of deceased in a particular suit...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Illegal encroachment made by defendant on the street in question - Power exercised by Trial Court by appointing Kanungo Incharge of area as Local Commissioner cannot be stated to be illegal, perverse or against law, as report which will be submitted by Local Commissioner would assist the Court in properly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendment relates to subsequent event - Same relates to defence already pleaded by defendant - Proviso appended to O.6.R.17 CPC provides that after trial has commenced, amendment should not be allowed apart from circumstances wherein it can be proved by party claiming amendment that..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 468, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 32 -- Bail - Cheating - Default bail granted to accused was cancelled by Court and was upheld by Supreme Court - There is no material change in circumstances since passing of said order - Allegations against accused..........
Criminal Procedure Code, 1973, Section 164 -- Statement of victim recorded u/s 164 Cr.P.C - Legible copy of statement of victim recorded u/s 164 Cr.P.C shall be made available to accused before start of trial and said mandate should not be deferred till the examination of Magistrate who recorded said statement - Accused has a statutory right to use S.164 Cr.P.C statement..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Replication though not pleading specifically provided U.O.6.R.1 CPC but it attains character of pleadings when permitted to be filed by Court...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Mere non-filing of a replication would not amount to admission of facts pleaded in the written statement...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Findings recorded by both the Courts below on all disputed aspects involved in the lis, being pure findings of fact, same do not require any interference in second appellate jurisdiction u/s 100 CPC...........
