Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Documents sought to be produced is the affidavit in evidence of respondent's son in another trial - However, necessary pleading is not available in the plaint with regard to affidavit in evidence or contents thereof - Petitioner can use the evidence on affidavit during course of cross-examination..........
Custody of child -- Claimed by father - Writ of habeas corpus - Mother of child died - Father gave custody of child to maternal grandmother for taking his care - It is thus, not a case that grandmother had illegally kept the custody of minor child - Compelling a minor child at the tender age of 7 years to withdraw from the custody of his grandparents with whom he has been..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Suit inadvertently filed in the name of business entity - Suit should have been filed in the name of person in whose favour lease deed was executed - There was no privity of contract between said business entity and defendant - Plaintiff..........
Evidence Act, 1872, Section 138 -- Re-examination of a witness - Cannot be permitted to take away the effect/withdraw any statement made during examination/cross examination of a witness...........
Evidence Act, 1872, Section 138 -- Re-examination of a witness - Cannot be permitted to take away the effect/withdraw any statement made during examination/cross examination of a witness...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendment is not at all to withdraw any admission made in favour of plaintiff - It is generally in keeping with the fabric of defendant's wholesome defence - Proposed amendment does not prejudice the plaintiff in any manner - Application for amendment allowed...........
Civil Procedure Code, 1908, Order 23, Rule 2 -- Withdrawal of suit - Granting leave to withdraw suit with liberty to file a fresh suit on the same cause of action - Does not extend the period of limitation - Fresh suit should be filed within the original period of limitation which was available to plaintiff and liberty granted in earlier suit cannot be taken advantage of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Settlement has been arrived at between complainants and 13 accused - Continuance of criminal proceedings would not be of any avail once the complainant has himself stated to withdraw the complaint - Their losses having been compensated, any further investigation or trial would be an exercise in..........
Indian Penal Code, 1860, Section 441 -- Offence u/s 441 IPC (As in UP) - Offence of criminal trespass is said to be committed only when the alleged trespasser despite receiving written notice of eviction from owner of the property, did not withdraw from property - In the instant case, informant admitted in his statement recorded u/s 161 Cr.P.C. that he had not given any..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 50% of cheque amount - Accused was unable to comply with the condition and delay occurred in the process of making arrangement to pay 50% of cheque amount - 20% of cheque amount was deposited by accused - Lower appellate Court thus, directed to condone the delay of 59 days, number..........
