Criminal Procedure Code, 1973, Section 311 -- Recall of child witness - Mere fact that counsel of a party handled the case in haste is not at all a strong or valid reason to exercise discretionary power vested u/s 311 Cr.P.C which has to be exercised judiciously and not arbitrarily...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - At the stage of defendant's evidence - Suit is simpliciter for permanent injunction, thus it can be filed any number of times on recurring cause of action - More so, plaintiffs being masters of suit are at liberty to withdraw the same and it is power of Court to grant permission to withdraw from such a..........
Civil Procedure Code, 1908, Section 115 -- Revision - High Court has power to call for original records and examine the same in a revision u/s 115(1) CPC even in absence of a specific contention being raised by petitioners...........
Civil Procedure Code, 1908, Section 115 -- Revision - Dismissal of application for condonation of delay in seeking setting aside ex parte decree - High Court cannot set aside ex parte decree itself by invoking power u/art 227 of Constitution, as powers of High Court u/art 227 of Constitution are in addition to and wider than powers u/s 115 CPC...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized property - Power of Court u/s 451 Cr.P.C cannot be invoked at the stage of investigation...........
Criminal Procedure Code, 1973, Section 311 -- Examination of additional witnesses - Sought after conclusion of defence arguments - Application does not disclose as to why said witnesses were not examined earlier nor does application set out any cogent reason for the same - Said application is bereft of details, as it does not spell out, how examination of these witnesses..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 482 -- Dishonour of cheque - Additional evidence - Accused was assigned to sell property belonging to complainants who sold their property belonging to complainants who sold their property and taken money from purchasers but not paid complainant - Cheques which were issued to..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Enhancement - Change of circumstances includes rise in cost of living, fact of inflation, resulting in fall in purchasing power of money and consequent rising cost of commodities which can be taken as grounds for enhancing maintenance...........
Civil Procedure Code, 1908, Section 152 -- Correction of judgment or decree - An application for correction of judgment or decree can be filed by either D.H. or J.D. - Court has also suo motu power to amend a judgment or decree...........
Criminal Procedure Code, 1973, Section 190, 173, 482 -- Acceptance of protest petition and treating same as complaint case - Protest petition was filed submitting that investigation was conducted in a arbitrary and clumsy manner and another supplementary protest petition was filed - Protest petition was accepted by Special Judge and treating the same as a complaint -..........
